Common Law Marriage in Virginia: Legal Requirements and Exceptions

If you’ve lived with a partner in Virginia and shared your life like a married couple—without a legal wedding—you might wonder whether the state recognizes common law marriage.

In 2025, it’s important to understand how Virginia law treats these relationships, especially when it comes to rights, benefits, and legal recognition.

This article explains the legal requirements, exceptions, and recognition of common law marriages in Virginia.

Is Common Law Marriage Legal in Virginia?

No, Virginia does not recognize the formation of common law marriages within the state. This means that simply living together, sharing finances, or referring to each other as spouses does not create a legally binding marriage under Virginia law.

In Virginia, a couple is considered legally married only if they:

• Obtain a marriage license
• Participate in a ceremony performed by an authorized officiant

Does Virginia Recognize Out-of-State Common Law Marriages?

Yes, Virginia does recognize valid common law marriages that were created in states where such unions are legal.

For example, if you and your partner established a common law marriage in a state like Texas or Colorado—where common law marriage is recognized—and then moved to Virginia, your marriage will be honored as long as it was valid under the laws of the originating state.

To be recognized, the out-of-state common law marriage typically must show:

• Mutual agreement to be married
• Cohabitation for a certain period
• Public representation as a married couple

Why This Matters Legally

If your relationship is considered a valid common law marriage from another state, you may have access to:

• Spousal benefits (e.g., insurance, inheritance)
• Tax filing status as “married”
• Marital property rights
• Legal divorce proceedings if the relationship ends

However, couples who form their relationship in Virginia without a formal marriage have no automatic spousal rights unless they marry legally.

Alternatives for Unmarried Couples in Virginia

If you’re in a long-term relationship and want legal protections without marriage, consider:

• Cohabitation agreements: Legal contracts outlining rights and responsibilities
• Powers of attorney: For medical and financial decisions
• Wills and estate planning: To ensure property passes to your partner

These tools can help unmarried couples safeguard their interests under Virginia law.

Final Thoughts

While common law marriage is not legal in Virginia, couples who’ve formed valid unions in other states may still enjoy legal recognition. If you’re living with a partner and want legal protections, the best approach in Virginia is to marry formally or create legal agreements that clarify your rights.

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