Guide to Common Law Marriage in West Virginia
Common-Law Marriage: West Virginia
Common-law marriage laws have never existed in the state of West Virginia, and the state has specific marriage requirements.
Until recently, the court would not even consider property division settlements or other settlements often heard by a court for divorce and marriage settlements.
Now, common law marriage laws still forbid the type of marriage, but a court may now recognize the marriage within a divorce or settlement procedure in certain circumstances.
Marriage Requirements in West Virginia
Marriage requirements according to §48-2-301 through §48-2-303 prohibit the following types of marriages:
• Both parties must be at least 18 years old (unless parties 16 or older have met marriage requirements and obtained parental permission)
• Where a man tries to marry his mother, grandmother, sister, daughter, granddaughter, half-sister, aunt, brother’s daughter, sister’s daughter, first of the second cousin
• Where a woman tries to marry her father, grandfather, brother, son, grandson, half brother, uncle, brother’s son, sister’s son, first of the second cousin
• Marriage requirements do not apply to first and second cousins related through adoption
As you can see, marriage requirements disallow many types of marriage, but common law marriage laws will be recognized in certain circumstances. Cases in which a common-law marriage in West Virginia will be recognized are described in the section below.
Determining the Validity of Common-Law Marriages in West Virginia
Although there are few laws addressing common-law marriages in West Virginia compared to laws for marriage requirements, a court may also consider the validity of the marriage upon two conditions:
The man and woman have signed power of attorney papers while in the relationship, and the marriage was contracted in a state and district that recognized such a union according to their common law marriage laws.
In order to validate the common law marriage in West Virginia, the court will consider several factors in certain cases like a divorce or separation proceeding. The court will usually consider the following aspects of West Virginia law on the common law marriage:
• The two parties actually cohabitated in an out of state jurisdiction
• The of state jurisdiction had established common law marriage laws and requirements
• The date of actually declaring the specific type of marriage can be established by the court
• If no common law marriage laws exist within the other jurisdiction, the court must determine if there were any power of attorney documents signed prior to the cohabitation
If two couples want the state of WV to recognize their common law marriage laws in an out of state jurisdiction, the two couples are usually advised to sign a power of attorney documents before thinking a common law marriage in West Virginia will have any validity in a court hearing.
Two couples will normally establish a durable power of attorney and medical power of attorney with help of a qualified legal professional to try and have a common law marriage in West Virginia stand.
If couples in recognized common-law marriages come to an agreement about the division of property along with other marriage requirements in a future separation in an out of state jurisdiction, the state of WV may recognize such agreements.
If you are unsure the state will consider the marriage requirements, you should speak with an attorney to help determine if the case may be arguable in court.
Introduction
Common law marriage, also known as marriage by habit and repute, is a legal concept recognized by some states in the United States, including West Virginia. This concept allows couples who have lived together for a certain amount of time and hold themselves out as married to be considered legally married without a formal ceremony or marriage license.
Elements of Common Law Marriage in West Virginia
To establish a common law marriage in West Virginia, the following elements must be present:
1. Cohabitation: The couple must live together as husband and wife.
2. Mutual Agreement: Both parties must agree that they are married and hold themselves out as such to the community.
3. Public Recognition: The couple must be known as married to family, friends, and the community.
4. Intent to be Married: Both parties must have the intent to be married and not just living together as roommates.
In addition to these requirements, the couple must be of legal age and not be closely related by blood.
Benefits of Common Law Marriage
The benefits of common law marriage in West Virginia are the same as those of traditional marriage. A couple in a common law marriage has the right to make medical decisions for each other, inherit from each other without a will, and receive spousal benefits such as social security and pension benefits.
Moreover, common law marriage makes it easier for couples to establish legal rights without having to go through the formalities of a traditional marriage.
Legal Recognition of Common Law Marriage in West Virginia
West Virginia is one of the states that recognizes common law marriage. However, the state does not have a statute that specifically defines or regulates common law marriage. Instead, the state looks at each case on an individual basis and determines whether the couple meets the requirements for marriage by habit and repute.
Ending a Common Law Marriage
Ending a common law marriage in West Virginia is similar to ending a traditional marriage. The couple has to legally dissolve the marriage through divorce or annulment. If the couple separates without a legal divorce, they may still be considered married under common law for certain purposes.
Conclusion
Common law marriage in West Virginia provides a way for couples to establish legal rights without going through the formalities of a traditional marriage. It is important to understand the requirements for establishing a common law marriage in West Virginia and to take steps to legally dissolve the marriage if the relationship ends.