Many couples live together for years, share finances, raise children, and think of themselves as married—even without a wedding or marriage license. This leads to a common and important question:
Does Virginia recognize common law marriage?
If you live in Virginia, recently moved there, or are dealing with a Virginia legal issue, this guide explains how common law marriage works in Virginia, what the law allows, what it doesn’t, and why this matters for property, inheritance, and family rights—without legal jargon.
What Is Common Law Marriage?
A common law marriage is a marriage created without a formal ceremony or marriage license. In states that allow it, a couple may be considered legally married if they:
- Live together
- Intend to be married
- Hold themselves out to the public as husband and wife
Not all states allow this—and Virginia does not allow couples to create a common law marriage within the state.
Is Common Law Marriage Legal in Virginia?
No.
Virginia does not permit common law marriages to be formed inside the state—no matter how long a couple lives together or how committed they are.
That means:
- Living together for many years does not create a marriage
- Calling each other “husband” or “wife” does not create a marriage
- Having children together does not create a marriage
Without a valid marriage license and ceremony, Virginia law treats the couple as legally unmarried.
The Key Exception: Out-of-State Common Law Marriages
Although Virginia does not allow common law marriage, it does recognize valid common law marriages created in other states.
If:
- A couple formed a legal common law marriage in a state that allows it (such as Texas, Colorado, or Iowa), and
- The marriage met that state’s legal requirements
👉 Virginia will usually recognize the marriage as valid.
This rule is based on a long-standing legal principle:
If a marriage is valid where it was created, it is generally valid in Virginia.
States Where Common Law Marriage Is Recognized
Some states that allow common law marriage (with specific requirements) include:
- Texas
- Colorado
- Iowa
- Kansas
- Montana
- South Carolina (for relationships formed before 2019)
If your relationship began in one of these states, Virginia courts may recognize it—but proof is essential.
How Virginia Courts Decide If an Out-of-State Common Law Marriage Is Valid
Virginia courts typically look for clear evidence such as:
- Shared intent to be married
- Living together in the state where common law marriage is allowed
- Public representation as a married couple
Common evidence includes:
- Joint tax returns
- Insurance or employment records listing a spouse
- Shared property or bank accounts
- Testimony from friends or family
- Use of the same last name
Without proof, Virginia courts may rule that no legal marriage existed.
Living Together in Virginia: Legal Reality Check
If you live together in Virginia without formal marriage:
You ARE:
- Allowed to cohabit
- Allowed to share finances and property
- Allowed to raise children together
You are NOT:
- Legally married
- Entitled to spousal support
- Protected by divorce laws
- Automatically entitled to inherit
Many couples discover this only after a breakup or death—often too late.
What Happens When an Unmarried Relationship Ends?
Because there is no marriage, there is:
- No divorce process
- No automatic property division
- No spousal alimony
Instead, disputes are handled under:
- Property law
- Contract law
Who owns what usually depends on whose name is on the title or account, not on fairness or length of the relationship.
Property and Inheritance Issues
Property
If only one partner’s name is on the deed or title, that person usually owns it—even if both contributed financially.
Inheritance
Without a valid marriage:
- A partner does not inherit automatically
- No spousal rights under Virginia inheritance laws
A will or trust is critical for protection.
What About Children?
Children’s rights are protected regardless of marital status.
Virginia law provides:
- Child support
- Custody and visitation rights
- Legal recognition of parent-child relationships
Marriage status affects adult rights, not the child’s rights.
How Couples Can Protect Themselves in Virginia
If you live together but are not married, consider:
- Cohabitation Agreement
A written agreement covering:
- Property ownership
- Financial responsibilities
- What happens if the relationship ends
- Estate Planning
Wills, trusts, and beneficiary designations ensure your partner is protected.
- Medical and Financial Powers of Attorney
Allows your partner to make decisions in emergencies.
- Legal Marriage
The only way to receive full marital rights in Virginia.
Common Myths About Common Law Marriage in Virginia
Myth: Living together for 7 years creates a marriage
❌ False
Myth: Having children makes us legally married
❌ False
Myth: Everyone has common law marriage rights
❌ False
Myth: Virginia recognizes all common law marriages
❌ False (only valid out-of-state ones)
Why This Matters for Law Practices
Common law marriage issues often appear in:
- Estate and probate disputes
- Family law consultations
- Property disagreements
- Support and inheritance claims
Clear guidance helps prevent client confusion and costly legal battles.
Frequently Asked Questions (FAQ)
Does Virginia recognize common law marriage?
No. Virginia does not allow common law marriage to be created within the state.
Will Virginia recognize a Texas common law marriage?
Yes—if it was legally formed under Texas law.
Can unmarried partners get alimony in Virginia?
No, unless there was a valid marriage.
Do unmarried couples have inheritance rights?
No, not without a will or estate plan.
Should unmarried couples sign agreements?
Yes. It offers legal clarity and protection.
Final Thoughts
Virginia law is clear:
No license, no ceremony, no marriage—unless the marriage was validly created elsewhere.
For couples, understanding this can prevent serious financial and emotional consequences. For legal professionals, explaining this clearly builds trust and avoids misunderstandings.
If you are unsure about your marital status or rights, speaking with a Virginia family law attorney can help clarify your options.