In the state of North Carolina, an increasing number of couples are opting to cohabit without necessarily getting married. It is becoming increasingly usual for people to cohabit for an extended period of time; yet, many people are uncertain about their legal rights and whether or not this is equivalent to being married under the law. When it comes to protecting their rights and making plans for the future, it is crucial for couples to have a solid understanding of how the state of North Carolina handles common law marriage.
What Is Common Law Marriage?
In the United States, a couple can be legally recognized as married through the process of common law marriage, which does not require them to get a marriage license or have a wedding ceremony. Generally speaking, the following are obligatory in states where it is recognized:
- The couple lives together for a significant period
- They intend to be married
- They present themselves publicly as a married couple
In states that recognize it, a common law marriage can carry the same legal rights and responsibilities as a traditional marriage.
Is Common Law Marriage Legal in North Carolina?
No. North Carolina does not recognize common law marriages that are formed within the state. Regardless of how long a couple has been together or how committed they are, they are not considered legally married unless they follow the state’s official legal marriage process.
To be legally married in North Carolina, couples must:
- Obtain a marriage license from a county Register of Deeds
- Participate in a legal marriage ceremony
- Have the ceremony officiated by a person authorized by law
Exception: Recognizing Out-of-State Common Law Marriages
Although North Carolina does not allow common law marriages to be formed within the state, it does recognize valid common law marriages created in other states where such unions are legal. These states include:
- Texas
- Colorado
- Iowa
- Kansas
- Utah (in some circumstances)
To be recognized in North Carolina:
- The common law marriage must have been established according to the laws of the originating state
- The couple must provide proof that they met that state’s requirements, such as intent to marry and public representation as a married couple
Once recognized, the couple is treated as legally married in North Carolina, with all associated rights and responsibilities.
Legal Considerations for Unmarried Couples in North Carolina
Couples who cohabitate in North Carolina without legally marrying do not automatically gain marital rights. This includes:
- No inheritance or estate rights without a will
- No automatic authority to make healthcare decisions for each other
- No right to spousal support or alimony after a breakup
- No tax or insurance benefits typically available to married couples
How to Protect Your Relationship Legally
If you live with your partner but are not married, you can take steps to create legal protections:
- Cohabitation Agreement: Outlines financial responsibilities, property rights, and what happens if the relationship ends.
- Health Care Power of Attorney: Allows your partner to make medical decisions if you are incapacitated.
- Financial Power of Attorney: Permits your partner to handle financial matters on your behalf.
- Will or Living Trust: Ensures your partner inherits your property or assets when you pass away.
- Joint Ownership: Add both names to deeds, titles, and financial accounts to ensure equal access and survivorship rights.
Final Thoughts
The state of North Carolina does not recognize common law marriages that are formed within its borders, regardless of the length of time that a couple has been living separately. Written agreements and other tools for estate planning can still be utilized by spouses in order to provide legal protections for themselves.
An attorney that specializes in family law in North Carolina should be considered for consultation if you are in a long-term relationship but are not legally married. This will allow you to protect your rights and make well-informed decisions regarding your future together.
