A common law marriage is a union that some states legally recognize without a formal ceremony or marriage license. This type of marriage is established when two people present themselves to the public as a married couple and intend to be married, though the specific requirements vary by state.
North Carolina Law on Forming Common Law Marriages
North Carolina does not permit the formation of common law marriages. For a marriage to be legally valid in the state, couples must follow the formal process in North Carolina General Statutes Chapter 51. This requires obtaining a marriage license from a Register of Deeds office and having the marriage solemnized by an authorized official, like a magistrate or minister.1North Carolina General Assembly. G.S. 51-1 Requisites of Marriage; Solemnization
While some statutory language is outdated, same-sex marriage is legal nationwide. Living together for any period does not create a common law marriage in North Carolina.
NC Recognition of Common Law Marriages from Other States
While North Carolina does not allow for the creation of common law marriages, it recognizes those validly established in other states. This recognition is based on the U.S. Constitution’s Full Faith and Credit Clause.2Congress.gov. Article IV Section 1: Full Faith and Credit Clause If a couple forms a valid common law marriage in a state like Colorado or Texas and then moves to North Carolina, their marriage will likely be considered valid, provided it was perfected according to the laws of the originating state.
To have an out-of-state marriage recognized, a party must prove it was validly formed. This involves demonstrating the couple met that state’s criteria, which typically requires a present agreement to be married, cohabitation, and publicly holding oneself out as a married couple. A North Carolina court must also be able to establish a specific date on which the marriage began.
Evidence to support the claim can include documents like joint tax returns, shared bank accounts, or joint property deeds. Other proof may involve applications for benefits where one partner is listed as a spouse or testimony from friends and family who can affirm the couple presented themselves as married.
Impacts When a Common Law Marriage Is Not Recognized in NC
When a couple’s relationship is not recognized as a valid marriage in North Carolina, legal consequences arise upon separation or death. The state’s equitable distribution laws, which govern the division of marital property, do not apply to unmarried couples. Property acquired during the relationship is retained by the person who holds the title.3North Carolina General Assembly. G.S. 50-20 Distribution by Court of Marital and Divisible Property
Unmarried partners are not entitled to spousal support, also known as alimony.4North Carolina General Assembly. G.S. 50-16.3A Alimony If one partner dies without a will, the surviving partner has no automatic right to inherit from the deceased’s estate under North Carolina’s intestacy laws.5North Carolina General Assembly. Chapter 29: Intestate Succession
Legal Protections for Unmarried Couples in North Carolina
Since common law marriage cannot be formed in North Carolina, unmarried couples can use legal documents to create protections. A cohabitation agreement is a contract that can define how assets and debts will be divided if the relationship ends. Creating wills and trusts is also important to direct the inheritance of property, as state law would otherwise distribute assets to legal relatives.
Unmarried partners can also execute powers of attorney and advance healthcare directives.6North Carolina General Assembly. Chapter 32C: North Carolina Uniform Power of Attorney Act These documents grant a partner the authority to make financial and medical decisions if they become incapacitated, ensuring their wishes are respected.