Introduction to NC Common Law Marriage

In North Carolina, the concept of common law marriage is one that has been a topic of debate and confusion for many years. Common law marriage is a legally recognized union between two people who have lived together and presented themselves as a married couple without formally registering or obtaining a marriage license. While some states in the United States recognize common law marriages, North Carolina does not, and this distinction is critical for those who believe they are legally married under common law.

However, understanding how common law marriage works in North Carolina, the implications of such a union, and the differences between states that recognize it and those that do not can help clarify many questions.

What is Common Law Marriage?

A common law marriage occurs when two individuals live together and present themselves as a married couple without a formal ceremony or legal marriage license. The individuals must meet certain requirements to be considered married under common law in states where such unions are recognized. These requirements often include:

• Living together for a significant period of time.
• Presenting themselves publicly as married (using the same last name, referring to each other as spouses, filing joint taxes, etc.).
• Intending to be married, even without formalizing the union legally.

However, North Carolina does not recognize common law marriages. This means that couples who live together in a relationship that mimics marriage do not automatically acquire legal status as married individuals. The couple must have formally married in a ceremony and obtained a marriage license for the relationship to be legally recognized.

Historical Context of Common Law Marriage in NC

Before October 1, 2016, North Carolina recognized common law marriages under specific circumstances. Couples who met the legal requirements were considered legally married, even if they did not have a marriage license or ceremony. However, North Carolina abolished common law marriage for new unions starting on October 1, 2016, meaning that only those who were already married under common law before this date are still recognized as such.

This change followed the trend in many states that have gradually moved away from recognizing common law marriages. Prior to the change, common law marriage in North Carolina was governed by the same principles as in other states, but the state’s decision to eliminate it has had a significant impact on individuals who may have believed they were legally married but lacked the legal documentation to prove it.

Current Legal Status in North Carolina

Today, common law marriages are not legally recognized in North Carolina for couples who start living together after October 1, 2016. However, couples who were married under common law before this date are still considered married in the eyes of the law, provided they meet the criteria set before the change in the law.

Important Considerations for Couples in NC

For individuals living in North Carolina, there are several important considerations if you believe you are in a common law marriage or are considering entering one:

1. Formal Marriage Required: If you’re living with a partner and want your relationship to be legally recognized as a marriage, you must obtain a marriage license and have a formal ceremony.
2. Legal Protection: Without a legally recognized marriage, individuals living together in North Carolina do not have the same legal protections regarding inheritance, property division, or alimony in the event of a breakup.
3. Separation or Divorce: If you and your partner are in a long-term relationship but are not formally married, you do not have access to divorce proceedings. Instead, you would need to handle property division and other issues through civil lawsuits, which could be costly and complex.
4. Legal Implications of Cohabitation: While North Carolina does not recognize common law marriage, some legal benefits could still apply, such as the right to claim your partner on taxes, file for medical insurance under certain circumstances, and receive some spousal benefits if certain conditions are met. However, without a formal marriage, you would have to prove your relationship through documentation and evidence.

Common Law Marriage Recognition in Other States

While North Carolina no longer recognizes common law marriages, there are many other states that still do. These states typically recognize common law marriages if the couple meets the required criteria, such as cohabitation for a certain number of years, holding themselves out as married, and other relevant factors.

Some of the states that recognize common law marriages include:

• Colorado: Common law marriage is recognized if the couple agrees to be married, lives together, and presents themselves as a married couple.
• Texas: Texas recognizes common law marriage if there is an agreement to be married, the couple lives together, and they hold themselves out as married.
• Pennsylvania: In Pennsylvania, common law marriage is recognized if there is evidence of cohabitation and mutual consent to the marriage.

It’s important to note that even in states where common law marriage is recognized, there are still rules and procedures that need to be followed for the marriage to be deemed valid. This can include the need for the couple to present themselves publicly as married and file the appropriate legal documents if the union ends.

How to Protect Yourself in NC Without Common Law Marriage

Even though North Carolina no longer recognizes common law marriage, there are ways for unmarried couples to protect themselves legally if they live together long-term. Some of these strategies include:

1. Cohabitation Agreements

A cohabitation agreement is a legal contract between two individuals who live together, outlining their rights and responsibilities. This agreement can address issues such as property ownership, financial responsibilities, and other matters that would be addressed in a divorce. While not as formal as marriage, a cohabitation agreement can provide a level of legal protection for couples who do not want to marry.

2. Property Ownership

Couples who are not married should consider how they own property together. Joint ownership can prevent disputes over property if the relationship ends, as it ensures that both parties have a legal claim to the property. It’s essential to have clear documentation on ownership to avoid legal complications in case of a breakup.

3. Estate Planning

Without marriage, individuals may not automatically inherit their partner’s property or assets if they pass away. It’s critical for couples to have wills or trusts in place that specify how their assets will be distributed. This can help ensure that both parties are financially protected in the event of a death.

4. Health Care and Insurance

Unmarried couples may not be able to automatically make medical decisions for their partner or be covered under their partner’s health insurance plan. It’s a good idea to have legal documents, such as medical power of attorney and beneficiary designations, to ensure that one partner can make important decisions for the other if needed.

Conclusion

While common law marriage was once recognized in North Carolina, it is no longer applicable for new unions. Couples who wish to legally marry in North Carolina must go through the formal process of obtaining a marriage license and having a ceremony. For couples in long-term relationships, understanding the importance of legal documentation such as cohabitation agreements, estate planning, and property ownership can help protect their interests and ensure they have legal protections similar to those available to married couples.

It’s also essential for North Carolina residents to be aware of the differences between states that do and do not recognize common law marriage and seek legal counsel if they have questions about their specific situation.