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North Carolina Common Law Marriage

What Is Common-Law Marriage in North Carolina?

A common-law marriage happens when two individuals live together and hold themselves out as married, without conducting any formal wedding. Since no ceremonial formality is done, the couple must act as though they are married. Certain states permit the creation of common-law marriages. They include Colorado, Kansas, Iowa, Montana, New Hampshire, South Carolina, Texas, Utah, and Rhode Island. Common-law marriages serve as an alternative for persons that want to avoid the cost and formalities of a formal wedding. Where a common-law marriage is recognized, the couple is entitled to certain rights and benefits like persons in formal marriages. They include:

  • The right to inherit a partner’s property
  • Social Security benefits
  • A medical power of attorney to make medical decisions for their partner when they are incapable
  • Child custody rights
  • Certain tax exemption benefits
  • Prison visitation privileges

Common-law marriages also have their drawbacks, including:

  • It is pretty difficult to prove the existence of the marriage, particularly where the spouse is deceased and no legal document exists evidencing the existence of the marriage
  • In divorce cases, the party that claims the marriage exists has the burden of proof
  • It causes possible loss of the right to survivorship

To contract a common-law marriage in a state where it is permitted, the couple must follow the requirements prescribed by that state. The conditions usually include being of legal age and living together for a particular period.

Marriage in North Carolina

In 2019, the marriage rate in North Carolina was at 6.2 marriages per 1,000 residents. The divorce rate in the state was recorded at 3.1 per 1,000 married couples in 2019. Over 49% of the state’s population is married. A survey of the population aged 15 and older revealed that 47% of the females were married vs. 51% of men in North Carolina. 15% of the female demographic were either separated or divorced, compared to 12% for men.

Does North Carolina Recognize Common-Law Marriage?

North Carolina does not permit common-law marriages. The state has never permitted the establishment of common-law marriages. However, under the Full Faith and Credit Clause of the Constitution, it recognizes common-law marriages entered into in states where this type of marriage is permitted. Therefore, a couple considered married in a state that permits common-law marriages will be regarded as legally married in North Carolina.

North Carolina also does not recognize domestic partnerships. However, some municipal governments offer benefits and extend healthcare coverage to domestic partners, and multiple cities in the state recognize domestic partnerships. Cohabitation agreements that are not based on the exchange of sexual services may be enforced in the state.

What is a Cohabitation Agreement in North Carolina?

A cohabitation agreement is a contract between two partners in a relationship where they provide for the separation of assets, debts, and other relevant things in the event of the termination of cohabitation. They are entered into to protect the couple’s jointly owned assets during the cohabitation and prevent lengthy litigation when it comes to an end. The agreement must be in writing. Also, North Carolina courts in cases like Suggs v. Norris and Rhue v. Rhue have declared cohabitation agreements where one partner pays for everything in exchange for “love” or “friendship” as unenforceable because this evidences sexual services as consideration. Furthermore, if cohabiting partners get married, their cohabitation agreement is no longer valid.

What are the Requirements for a Common-Law Marriage in North Carolina?

North Carolina has never allowed the creation of common-law marriages in the state. It only recognizes a common-law marriage that originated from a state where it is permitted. In addition, North Carolina hardly recognizes non-marital relationships like domestic partnerships. It will only enforce a cohabitation agreement where it does not evince sexual services as consideration.

How many years do you have to Live Together for Common-Law Marriage in North Carolina?

Since common-law marriages are not permitted in North Carolina, no matter how long a couple stays together under the impression that they are married, they are not considered married in the state. The further implication is that they do not get the rights accrued to persons that are formally married.

What Does it Mean to be Legally Free to Marry in North Carolina?

A couple is legally free to marry in North Carolina, where they fulfill the requirements for marriage in the state. One of the requirements is that both persons must be 18 years or older. Where one or both persons is between 16 to 18 years, the Register of Deeds may issue a license for the marriage. This is where the register with a written consent signed by the parent or guardian of the underaged person. Also, both persons must not be more closely related than first cousins and cannot be double first cousins. None of the persons must be in another marriage.

To get married in North Carolina, a marriage license is required. To obtain a marriage license, visit or contact the Register of Deeds in any county in the state. Applicants must pay the required fee and complete a form providing their names, ages, marital status, and intention to marry. They will also have to provide a means of identification, proof of age, and a Social Security Number (or a notarized statement that a person is ineligible to get a Social Security number). Marriage licenses are valid for 60 days.

What is Intent to Marry in North Carolina?

Intent to marry in North Carolina is established by obtaining a marriage license. Marriage licenses are required for persons that want to get married in the state. The couple must solemnly declare their intent to marry, with two other witnesses to sign the license.

What is an Informal Marriage in North Carolina?

Common-law marriages are called informal marriages in Texas. North Carolina does not allow the formation of informal marriages in the state but recognizes their validity where they are formed in other states where they are permitted. Hence, an informally married couple from Texas will have their relationship recognized in North Carolina.

How Do You Prove Common-Law Marriage in North Carolina?

A person may be required to prove the existence of their common-law marriage with their partner in a variety of circumstances. This includes filing for divorce, inheriting property, making insurance claims or other benefits, and claiming child visitation or custody. To prove the existence of a common-law marriage, there must be evidence to show that both parties consented to the marriage. A written agreement signed by both parties is the best way to demonstrate this. This agreement must demonstrate their desire to form such a union.

Where there is no agreement to that effect, the person making a claim may provide testimonies and supporting documents to demonstrate the existence of the marriage. These supporting documents may be any of the following:

  • Residential property title deeds demonstrating joint or shared ownership
  • Rental contracts or joint leases
  • When the common-law partner is registered on the other spouse’s employment records as an immediate family member.
  • Bills for mutual utility accounts like gas, phone, and electricity, as well as joint utility accounts
  • Important documents that demonstrate the couple shares the same address include driver’s licenses, insurance policies, and identification documents.
  • Birth certificates naming both spouses as a child’s parents
  • Loan documents, mortgages, and promissory notes proving the couple’s joint financial obligations
  • Mail sent as a couple to both spouses
  • Documents proving that one partner adopted the common-law partner’s surname

Third-party websites provide an alternative to obtaining public vital records. These non-governmental platforms come with intuitive search tools that help simplify the process of accessing single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain public marriage records, requesters may need to provide:

  • The full name of both spouses ((include first, middle, and last names)
  • The date the marriage occurred (month, date and year)
  • The location where the marriage occurred (city and county)

How Do You Prove Common-Law Marriage in North Carolina After Death?

In the event that a partner dies, the widowed spouse can establish a common-law marriage by submitting supporting documentation. The widowed spouse can also provide a statement affirming the marriage’s existence, with two relatives of the deceased testifying in support. However, this option is only available for common-law marriages formed outside of North Carolina. For the marriage to be recognized in North Carolina, the couple must have met the criteria for a valid common-law marriage in the state where the union took place.

Do Common-Law Marriages Require a Divorce?

Because North Carolina acknowledges valid common-law marriages formed in other states where they are legal, legal action is required to dissolve these marriages. Couples in common-law marriages recognized by North Carolina must follow the state’s procedure for divorce. This is for issues such as property or asset division, child custody, and spousal support.

Does a Common-Law Wife Have Rights in North Carolina?

The rights and benefits of persons in common-law marriages recognized by North Carolina in a state where such unions are legal are protected in North Carolina. Thus, common-law wives may be able to establish many of the same rights available to wives in formal marriages, such as property distribution rights in the case of death or divorce.

Can a Common-Law Wife Collect Social Security in North Carolina?

When a marriage takes place in another state with laws that allow for common-law marriage, the spouses are eligible for Social Security benefits. They must satisfy the validity requirement and provide evidence by submitting a Statement of Marital Relationship Form and an additional statement from a blood relationship recognizing the marriage. The following information is required from the couple:

  • The date they started living together as a couple
  • The city/town and state where the marriage took place
  • The length of time and places the couple has lived together If they have children
  • Their previous names (if changed)
  • A list of family members, neighbors, or coworkers who are aware of the relationship

Are Common-Law Wives Entitled to Half in North Carolina?

In the event of a divorce, common-law wives are not entitled to half in North Carolina. North Carolina divides property in marriages according to the equitable distribution method. The court uses its discretion to ensure property division in a fair and just manner. Before the division, the court will characterize each property as marital, divisible, or separate. It only divides marital and divisible properties.

In dividing the properties, the court takes the following factors into consideration:

  • The ages and health of the couple
  • Their income, assets, and liabilities
  • The duration of the marriage
  • The marital property’s liquidity, and
  • How each spouse contributed to the marital property or spent marital assets.

How Do You Get a Common-Law Marriage Affidavit in North Carolina?

Only in states that allow common-law marriages can couples obtain a marriage affidavit. North Carolina does not allow common-law marriages. Although the requirements for common-law marriages vary by state, most states follow the same general guidelines for what should be provided in an affidavit:

  • The state where the partners have decided to marry must be specified in the affidavit.
  • The affidavit must state that both partners are of legal marriageable age.
  • The affidavit must include the date the decision was made. The affidavit must also include information about any other license or common-law marriage, including wedding dates and termination dates.

When Did Common-Law Marriage End in North Carolina?

North Carolina has never permitted the contracting of common-law marriages within its borders. It only recognizes common-law marriages formed in states where they are permitted.

What is Considered Common-Law Marriage in North Carolina?

In North Carolina, common-law marriages are not permitted. As a result, spouses who refer to themselves as “married” but do not have a formal marriage are not legally married. North Carolina recognizes common-law marriages formed in states that permit common-law marriages.

Does the Federal Government Recognize North Carolina Common-Law Marriages?

Only nine states and the District of Columbia recognize common-law marriages in the U.S. These states include Colorado, Kansas, Iowa, Montana, New Hampshire, South Carolina, Texas, Utah, and Rhode Island. Some other states like Alabama, Florida, Indiana, Pennsylvania, Ohio, and South Carolina recognize common-law marriages that happened before certain dates. Each state has its own set of laws concerning common-law marriages. Some states use specific laws to determine validity, while others use public policy, natural, or positive law.

Only common-law marriages that occur in states where they are permitted or considered legal are recognized by the federal government. This refers to common-law marriages that occurred in the aforementioned states. Within these states, common-law marriages can result in federal income tax benefits as well as immigration benefits such as permanent residency.