Anaya Nolan
In the United States, common-law marriage is a way for couples to be recognized as married without obtaining a marriage license. While some states recognize common-law marriage, North Carolina is not one of them. In North Carolina, a couple must obtain a marriage license and have a ceremony officiated by a licensed official to be legally married. However, North Carolina may recognize a common-law marriage established in another state, provided certain conditions are met.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage | No, abolished in 1989 |
| Requirements for legal marriage | Marriage license, ceremony officiated by a licensed official |
| Recognition of common-law marriage from other states | Yes, if the couple relocates to North Carolina |
| Recognition of cohabitation | Yes, but it does not grant the same rights as a legal marriage |
| Legal divorce requirement | Yes, for common-law married couples |
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What You'll Learn
Common law marriage in North Carolina does not exist
In North Carolina, common law marriage does not exist. The state abolished common law marriage in 1989. This means that simply living together as a couple, regardless of the length of time, does not create a legal marriage under North Carolina law.
To be legally married in North Carolina, couples must obtain a marriage license and have a ceremony officiated by a licensed official. There is no length of time required for common law marriage in North Carolina because the state does not recognize it. The idea that a couple is automatically considered legally married after living together for a certain number of years is a common misconception.
Common law marriage, also referred to as non-ceremonial marriage, is a legal framework where a couple may be considered married without having formally registered their relationship as a civil or religious marriage. In jurisdictions that accept common law marriage, the couple must still present themselves as husband and wife, and a couple that does not claim marriage will not be recognized as married, regardless of the length of time they have lived together.
While North Carolina does not recognize common law marriages, there are some cases where they may recognize a couple as married if they went through a common law marriage in another state. For North Carolina to acknowledge a couple that has married through common law in another state, they must meet certain requirements. These include the couple having cohabited in a state that recognizes common law marriage and the out-of-state common law marriage being recognized by that state.
It is important to note that even if a couple meets the requirements of a common law marriage while in North Carolina, they are not recognized as actually being married.
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Common law marriage recognition in other states
North Carolina does not recognize common-law marriage. Simply living together as a couple, regardless of the duration, does not create a legal marriage under North Carolina law. However, if a couple is common-law married in a state that recognizes such marriages and then moves to North Carolina, the state is required to recognize the marriage.
Common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that is only recognized in a minority of states in the US. The specific requirements for establishing a common-law marriage vary from state to state. For example, Texas allows couples to register their informal marriage by filing a declaration with the county clerk. In Utah, the relationship will only be recognized if it has been validated by a court or administrative order.
The Supreme Court has ruled that a common-law marriage may be established by the mutual consent or agreement of the couple to enter into a marital relationship, followed by conduct that demonstrates this agreement. This may include presenting themselves to family, friends, and the larger community as a married couple, and using words like "husband," "wife," or "spouse" when referring to each other.
Over the years, most states in the US have stopped allowing these informal marriages, and there is a nationwide trend toward the abolition of what is increasingly considered an outdated doctrine. Many states that previously recognized common-law marriage now only recognize those established before a certain year.
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Legal and economic benefits of common law marriage
Common-law marriage is a legally recognised marriage between two people who have not purchased a marriage license or engaged in a ceremony. Common-law spouses who meet their state's requirements are eligible for most of the financial benefits of a married couple.
Legal Benefits
In the United States, common-law marriages are recognised in only a few states. The specific requirements vary from state to state, but the fundamental concept is that the parties agree to be married and present themselves as such to friends, family, and the public. The primary advantage of common-law marriage is that the relationship will be assigned the same marital rights and responsibilities as a formally married couple, without having to be formally married.
Economic Benefits
The economic benefits of common-law marriage include:
- Tax benefits: recognised common-law partners are exempt from the gift tax for gifts to each other and can claim deductions for mortgage interest if they co-own a house or have children.
- Medical benefits: combining health insurance policies may reduce the amount paid in monthly premiums compared to those paid individually.
- Social Security: partners can receive spousal Social Security benefits if they can prove the number of years they lived together in a common-law state.
Common-Law Marriage in North Carolina
It is important to note that North Carolina does not recognise common-law marriage. Simply living together as a couple, regardless of the length of time, does not create a legal marriage under North Carolina law. To be legally married in North Carolina, couples must obtain a marriage license and have a ceremony officiated by a licensed official. However, if a couple has entered into a valid common-law marriage in another state, their union may still be recognised by North Carolina.
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Divorce or separation in a common law marriage
Divorce or Separation in a Common-Law Marriage
In North Carolina, common-law marriages are not recognized. As such, couples in a common-law marriage who are seeking a divorce will have to go through the same legal process as couples with a marriage license. This means that, in order to file for divorce, the couple must have been separated for at least one year, with at least one of the parties intending for the separation to be permanent.
During this period of separation, the couple will typically deal with issues of property division and perhaps alimony, child support, and child custody. In North Carolina, assets and debts acquired during the marriage are generally classified as "marital property", with some exceptions, such as inheritances and gifts received from a third party.
In the case of a common-law marriage, an additional layer of complication arises, as the couple must prove that they were indeed married. This can be challenging, especially if one party denies the existence of the marriage.
It is important to consult a lawyer when navigating a divorce or separation, as there may be specific rules and requirements unique to each county in North Carolina.
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Requirements for a legal marriage in North Carolina
North Carolina does not recognise common-law marriage. This means that simply living together as a couple, regardless of the length of time, does not create a legal marriage under North Carolina law.
To be legally married in North Carolina, couples must obtain a marriage license and have a ceremony officiated by a licensed officiant. The officiant could be a magistrate or a minister who is ordained in a religious denomination or authorised by a church. The marriage can also be performed in the recognised manner of any religious denomination that does not use officiants, or in the recognised manner of any federally or state-recognised Native American tribe.
Both parties must be present in person to apply for a marriage license. The cost is $60, and you’ll need a valid government-issued ID and proof of your social security number. If either applicant has not been issued a social security number, an affidavit in lieu of social security can be completed. Both parties must intend to marry, must not be currently married to anyone else, and must be able to understand their marriage actions. Both parties must be at least 18 years old, unless specific requirements for minors are met. The parties cannot be more closely related than first cousins, and cannot be double first cousins.
If a couple is common-law married in a state that recognises common-law marriage and subsequently relocates to North Carolina, the full faith and credit clause of the U.S. Constitution requires North Carolina to recognise the marriage.
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Frequently asked questions
No, North Carolina abolished common-law marriage in 1989. Simply living together as a couple, regardless of the length of time, does not create a legal marriage under North Carolina law.
Common-law marriage is when a couple is recognized as husband and wife without getting a proper marriage license. It is also referred to as "non-ceremonial marriage". It grants couples most of the same rights as other married couples, but it is only recognized in some states.
The requirements for a common-law marriage vary by state. However, in general, a couple must live together, consider themselves married privately and publicly, and refer to each other as husband and wife. They may also share bank accounts and one spouse may take the other's last name.
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