Does the VA Recognize Common Law Marriage?
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Yes. VA can recognize a common-law marriage that is valid under the applicable state law. Under 38 CFR 3.1(j), VA considers the law where the parties lived when they married or when the right to benefits accrued. Living together alone does not automatically establish a marriage.
Recognition of your marriage and eligibility for a particular benefit are separate questions. VA home loans, disability-dependent payments, and survivor benefits each have their own requirements. This guide explains state recognition, evidence, and the lending considerations for married and unmarried borrowers.
Written by Garrett Puckett, Founder and CEO of Security America Mortgage. Read our editorial policy.
VA Common Law Marriage Rules: How Recognition Works
VA uses state marriage law under 38 CFR 3.1(j), rather than creating a common-law marriage through a benefits application. The relevant law can be the law where the parties resided when they married or when the right to benefits accrued. Establishing a recognized marriage does not, by itself, satisfy the eligibility rules for every VA benefit.
Two points veterans consistently get wrong:
There is no seven-year rule.
Living together for seven years does not automatically make a couple married. Where common-law marriage is available, the couple must meet that jurisdiction’s requirements. Agreement to be married and public recognition of the relationship can matter; the exact legal test varies by state.
Moving does not erase it.
Moving does not automatically end a marriage validly formed elsewhere. For example, California recognizes valid common-law marriages formed in other states. Your residence history, formation date, and any legal impediments still matter. See the SSA digest of state marriage laws.
Which States Allow Common Law Marriage in 2026?
The first table lists jurisdictions that recognize formation of new common-law marriages, subject to their own requirements. The second lists selected states with historical cutoff dates; it is not an exhaustive list. The marriage itself—not merely the relationship or cohabitation—must have met the applicable requirements before the cutoff. Utah and New Hampshire have distinct recognition rules explained below. See the SSA’s state-law digest and the applicable state authority.
| State or District | New common law marriages in 2026 |
|---|---|
| Colorado | Allows new common law marriages |
| Iowa | Allows new common law marriages |
| Kansas | Allows new common law marriages |
| Montana | Allows new common law marriages |
| Oklahoma | Allows new common law marriages |
| Rhode Island | Allows new common law marriages |
| Texas | Allows new common law marriages (called informal marriage) |
| District of Columbia | Allows new common law marriages |
| State | Honors marriages formed |
|---|---|
| Alabama | Before January 1, 2017 |
| Florida | Before January 2, 1968 |
| Georgia | Before January 1, 1997 |
| Idaho | Before January 1, 1996 |
| Indiana | Before January 1, 1958 |
| Michigan | Before January 1, 1957 |
| Nevada | Before March 29, 1943 |
| Ohio | Before October 10, 1991 |
| Pennsylvania | On or before January 1, 2005 |
| South Carolina | Before July 24, 2019 |
Utah: A qualifying relationship may be recognized through a judicial process; it is not an automatic common-law marriage. Utah Courts states this process ends May 5, 2027, with petitions to be filed before that date. Other filing limits also apply.
New Hampshire: RSA 457:39 provides limited recognition after a partner’s death where the statutory cohabitation, acknowledgment, and reputation requirements continued for three years and until death. It is not an ordinary route for a living couple to establish marital status for a mortgage.
The Texas Informal Marriage Declaration
Texas calls common-law marriage informal marriage. Under Texas Family Code Section 2.401, proof may include a signed declaration or evidence that the couple agreed to marry, then lived together in Texas and represented there that they were married. Recording a declaration can help document a qualifying marriage; it does not prevent every possible legal dispute. Ask the county clerk about current procedures and fees.
If proceedings to prove an informal marriage are not started within two years after separation and ceasing to live together, Section 2.401(b) creates a rebuttable presumption that there was no agreement to marry. This is not an automatic expiration of the marriage or an absolute two-year deadline. A Texas family-law attorney can explain how the rule applies to disputed facts.
Can a Common Law Wife Get VA Benefits?
A common-law spouse whose marriage VA recognizes may qualify for spouse-related benefits if the separate requirements for the specific program are met. Potential benefits include:
- Dependent status for the veteran’s disability compensation, adding a spouse to the monthly rate (this applies when the veteran’s combined rating is 30 percent or higher)
- CHAMPVA health coverage, where the veteran qualifies
- Dependency and Indemnity Compensation (DIC) for an eligible surviving spouse, subject to VA’s service, death, disability, and survivor requirements
- Survivors Pension for qualifying low-income surviving spouses
- Burial and memorial benefits as a spouse
- VA home loan options, including possible surviving-spouse eligibility under separate VA rules
Evidence may include a recorded state declaration, joint records, and statements about the relationship. The documents needed depend on the benefit and facts; the VA dependency-claim checklist is separate from a lender’s mortgage documentation review. Some survivor claims may involve a “deemed valid” marriage despite a legal impediment, but that is a specific VA determination. An accredited VA representative can help with benefits claims; a family-law attorney can address disputed marriage validity.
Common Law Marriage VA Benefits: What a Surviving Spouse Can Claim
A recognized common-law spouse may qualify for DIC, Survivors Pension, or surviving-spouse home loan benefits, but each program has separate conditions. For DIC, VA considers qualifying military service, death or disability circumstances, marriage timing, cohabitation or qualifying separation, and remarriage rules. Marriage timing may be satisfied by at least one year of marriage, a shared child, or marriage within 15 years after discharge from the service period in which the qualifying condition began or worsened. See VA’s current DIC eligibility guidance.
Keep records of your marriage and residence history, and respond to VA’s evidence requests. For a benefits claim, consider help from an accredited VA representative. For a home loan, request a separate eligibility and lending review.
Common Law Marriage and the VA Home Loan
A spouse whose marriage is recognized for VA lending purposes can be considered under the veteran-and-spouse loan rules. Borrowing with a non-veteran partner who is not a recognized spouse may instead involve VA joint-loan rules. Marriage does not create or restore entitlement, establish either borrower’s creditworthiness, or guarantee a zero-down loan.
| Situation | How the VA loan works |
|---|---|
| Veteran + common law spouse (valid in your state) | May be considered under veteran-and-spouse loan rules. Available entitlement, credit, income, occupancy, appraisal, and lender requirements still apply. No-down-payment financing may be available to qualifying borrowers; marriage alone does not establish full entitlement. |
| Veteran + partner, no legal marriage | May require a veteran/non-veteran joint loan. VA guaranty generally applies only to the veteran’s allocated portion. A down payment may be required; amount and program availability depend on the loan structure and lender. |
| Two veterans, married or not | A joint loan may use eligible veterans’ available entitlement. Zero-down financing depends on the guaranty available, appraisal, borrower qualifications, and lender requirements. |
| Surviving common law spouse of a veteran | May qualify for a surviving-spouse Certificate of Eligibility if VA’s separate service, death or disability, and remarriage requirements are met. |
The down payment on a veteran/non-veteran joint loan is not a fixed percentage for every couple. The proposed loan amount, guaranty, borrower allocation, appraisal, and lender requirements affect the calculation. A commonly quoted percentage should not be treated as your personalized cash-to-close figure. Ask for a written explanation of the proposed structure before committing to a purchase. See VA Lenders Handbook, Chapter 7, and VA purchase-loan requirements.
Contact Security America Mortgage to discuss the proposed borrowers, marital documentation, and property. Our team can explain the financing options available for review; availability and approval depend on the specific application.
How to Prove a Common Law Marriage to the VA
The evidence needed depends on the benefit you are requesting. For adding a common-law spouse to a disability or pension award, follow the VA dependency-claim instructions. For a mortgage, ask your loan officer which documents are needed for the proposed loan.
- A state declaration where available. A recorded Texas informal-marriage declaration can help document a qualifying marriage.
- Joint financial life. Shared bank accounts, both names on the lease or deed, joint insurance, beneficiary designations.
- Tax returns filed as married. Tax filings may be relevant supporting evidence. They do not independently create a marriage; ask a qualified tax adviser about the correct filing status.
- Consistent public identity. Records identifying you as spouses and statements from people who know your relationship may be relevant. A shared surname alone does not establish a marriage.
- The VA’s own forms. For a dependency claim, submit VA Form 21-686c, two VA Forms 21-4170 (one completed by each spouse), and two VA Forms 21P-4171 completed by two different people with knowledge of the marriage. VA also lists birth certificates for children born to you and your spouse in the common-law marriage, where applicable. Follow VA’s current instructions and any additional evidence request.
VA Common Law Marriage FAQs
VA can recognize a common-law marriage under the applicable state law; there is no separate marriage created simply by applying for VA benefits. Recognition of marital status does not automatically establish eligibility for every benefit. VA considers the residence-based rules in 38 CFR 3.1(j).
VA can recognize qualifying common-law marriages for spouse-related benefits and lending purposes. Each program still has separate eligibility requirements. Additional disability compensation generally requires an eligible veteran with a combined rating of at least 30%; mortgage approval also depends on entitlement, credit, income, occupancy, and the property.
No. Living together for seven years does not automatically create a marriage. Virginia does not allow new common-law marriages to be formed in the state. Where common-law marriage is available, a couple must satisfy that jurisdiction’s legal requirements; the duration of cohabitation alone is not enough.
There are different rules. For DIC, a veteran’s service-connected total disability rating for at least 10 years before death can be relevant even if the death was not service-connected. This is not a rule that automatically qualifies a spouse after 10 years of marriage. The separate military retirement 10/10 rule concerns DFAS direct payments to a former spouse. See VA’s DIC guidance and DFAS guidance.
You may qualify for additional disability compensation if VA recognizes your marriage and you meet the other requirements, including a combined disability rating of at least 30%. For a common-law marriage, VA lists two Forms 21-4170, two supporting Forms 21P-4171, and children’s birth certificates where applicable, in addition to the dependency application. See VA’s current checklist. If marriage validity is uncertain, seek a case-specific assessment rather than assuming a marriage license is the only possible solution.
Moving does not automatically invalidate a marriage validly established in another state. VA evaluates marital status under the applicable residence-based rules. Keep records showing when and where the marriage was established, and ask VA or an accredited representative if your residence history or a prior marriage creates uncertainty.
Potentially. A recognized spouse may be considered under veteran-and-spouse loan rules. A non-veteran partner who is not a recognized spouse may require a joint-loan structure, with a possible down payment and additional lender review. No fixed down-payment percentage applies to every case, and not every lender offers every structure.
In some survivor claims, VA may deem an attempted marriage valid despite a legal impediment if the legal conditions are satisfied. Good-faith belief alone does not guarantee recognition. Ask VA or an accredited representative for a review of the facts; marriage recognition and eligibility for the benefit remain separate determinations.
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