Many couples in North Carolina live together without formally marrying. While these relationships can resemble traditional marriages, the legal rights concerning property, finances, and children differ significantly from those of married couples. This article explains how North Carolina law treats unmarried partners and clarifies the state’s position on common law marriage.
Legal Recognition in the State
A common question for cohabiting couples in North Carolina is whether the state recognizes common law marriage. North Carolina does not permit common law marriages to be formed within its borders.1North Carolina Judicial Branch. Marriage This means that no matter how long a couple lives together or holds themselves out as married, they will not achieve marital status under North Carolina law if their relationship began in this state.
To be legally married in North Carolina, a couple must obtain a marriage license and have the marriage solemnized by an authorized individual, such as an ordained minister or a magistrate.2North Carolina General Assembly. G.S. § 51-1: Requisites of Marriage; Solemnization Cohabitation or mutual agreement alone does not grant marital status, so couples living together without these formal steps do not gain spousal rights or responsibilities.
How Other States’ Laws May Apply
While North Carolina doesn’t allow common law marriages to start within the state, it may recognize one that was legally formed in another state that permits them. This is based on the principle that states respect each other’s laws.3Cornell Law School Legal Information Institute. Overview of the Full Faith and Credit Clause If a couple establishes a valid common law marriage in a state like Texas or Colorado and then moves to North Carolina, North Carolina courts will acknowledge that marriage.
States allowing common law marriage have specific requirements, such as the couple agreeing to be married, living together as spouses, and presenting themselves publicly as married.
If a common law marriage is recognized in North Carolina and the couple later decides to end their union, they must go through formal divorce proceedings. There is no “common law divorce.” This includes a one-year physical separation and six months of residency for one spouse before filing for divorce.4North Carolina Judicial Branch. Separation and Divorce Requirements
In any dispute, a North Carolina court will review the laws of the state where the common law marriage supposedly began to confirm its validity.
Property and Financial Implications
For unmarried couples in North Carolina, the rules for financial and property matters are very different from those for married couples. Understanding these distinctions can help protect individual interests.
Real Property
For unmarried couples, real estate ownership is determined by the names on the deed. If property is titled in only one partner’s name, that person is the legal owner, even if the other partner contributed financially, unless a separate legal agreement exists.
When unmarried partners buy property together, they usually hold title as tenants in common or as joint tenants with right of survivorship. With tenants in common, each person owns a distinct share that can be sold or inherited separately; upon death, their share goes to their heirs, not the other co-owner. If they are joint tenants with right of survivorship, a deceased owner’s interest automatically passes to the surviving joint tenant(s). North Carolina law presumes a tenancy in common unless the deed clearly states joint tenancy with right of survivorship.5Justia Law. North Carolina General Statutes § 41-71: Creation of Joint Tenancy With Right of Survivorship Disputes over jointly owned property if the couple separates may lead to the property’s division or sale through a court process.
Account Ownership
The names on bank accounts, investments, and other financial assets determine ownership for unmarried partners. Funds in an account solely in one partner’s name are considered their property, and the other partner has no claim based on cohabitation alone.
For joint accounts, both individuals usually have access to the funds. Funds in a joint account with right of survivorship typically belong to the surviving party upon the death of the other account holder. Unmarried partners do not automatically inherit from each other’s individual accounts unless named as a beneficiary or specified in a will.
Debt Responsibility
Unmarried partners in North Carolina are responsible for their own individual debts. Living together doesn’t make one partner liable for the other’s pre-existing debts or debts taken out solely in the other’s name.
If partners jointly take on debt, like co-signing a loan or opening a joint credit card, both are legally responsible for the full amount. A creditor can seek repayment from either partner or both. For example, if a couple jointly finances a car and then separates, both remain liable for the loan, even if only one partner keeps the car. There is no division of “marital debt” for unmarried couples as there is in a divorce.
Rights Related to Children
When unmarried couples in North Carolina have children, establishing paternity is important for determining parental rights and responsibilities. For children born to unmarried parents, the mother initially has sole legal and physical custody until paternity is legally established.
An unmarried father can gain legal rights and responsibilities for his child by establishing paternity. This can be done voluntarily if both parents sign an Affidavit of Parentage, which legally establishes the father and allows his name on the child’s birth certificate.6North Carolina Department of Health and Human Services. Affidavit of Parentage for Child Born Out of Wedlock Form and Instructions If paternity isn’t acknowledged voluntarily, either parent, the child, or the state can start a civil action, where courts may order genetic testing.7Justia Law. North Carolina General Statutes § 49-14: Civil Action to Establish Paternity
Once paternity is established, the father has the same legal rights and responsibilities as if the child were born within a marriage. This includes the ability to seek custody and visitation. Custody decisions are based on the child’s best interest, with no automatic preference for either parent once paternity is confirmed.
Establishing paternity also creates a legal obligation for child support from both parents. Child support amounts are calculated using state guidelines.8North Carolina Judicial Branch. North Carolina Child Support Guidelines Child support and custody are handled as separate legal matters.
What to Do If You Seek Formal Marriage
Couples in North Carolina who want to be legally married must follow the state’s formal procedures. The first step is getting a marriage license from the Register of Deeds office in any county. Both individuals must apply in person. There is no residency requirement to get married in North Carolina.
Applicants need to provide proof of age and their social security numbers (or an affidavit if not eligible). They will also need to provide their full names, ages, and current addresses. If either person has been married before, they must provide details about how their last marriage ended. The marriage license fee is $60.9North Carolina General Assembly. G.S. § 51-10: Marriage License Fee Once issued, the license is valid for 60 days, and the marriage ceremony must take place within this period.10North Carolina General Assembly. G.S. § 51-8: Marriage License Expiration
After obtaining the license, the marriage must be solemnized. Authorized individuals who can perform marriage ceremonies include ordained ministers of any religious denomination and magistrates. The officiant is responsible for completing the marriage license and returning it to the Register of Deeds, usually within 10 days after the ceremony. This final step officially registers the marriage.