North Carolina, like many states, once recognized common-law marriages, but no longer does so for marriages entered into after January 1, 1968. This means that while those who established a common-law marriage before that date may still have their unions legally recognized, forming a new common-law marriage in North Carolina is not possible. Understanding the nuances of this legal change is crucial for anyone considering marriage or navigating family law in the state.
This article will delve into the specifics of common-law marriage in North Carolina, addressing common questions and misconceptions surrounding this legal concept.
What Constitutes a Common-Law Marriage in NC (for those established before 1968)?
Before 1968, North Carolina recognized common-law marriages, which were established through a combination of factors:
- Cohabitation: The couple must have lived together.
- Mutual agreement to be married: This was often evidenced through testimony from the couple and witnesses. It’s important to note that this isn't a casual agreement; it indicates a clear and present intention to be married.
- Public representation as husband and wife: The couple held themselves out to the community as married. This could include sharing a last name, filing joint taxes, or introducing each other as spouses.
It's crucial to understand that simply living together does not automatically constitute a common-law marriage. All three elements must be present to establish a valid common-law marriage under the old laws. The key element is the mutual agreement to be married. This is usually the most difficult element to prove.
What Happens If My Common-Law Marriage Was Established Before 1968?
If you entered into a common-law marriage before January 1, 1968, your marriage is still legally recognized in North Carolina. This means you have the same rights and responsibilities as a couple who entered into a formally licensed marriage, including rights related to:
- Property ownership: Commonly held assets will be divided according to state laws on equitable distribution during a divorce.
- Inheritance: You are entitled to inherit from your spouse's estate upon their death.
- Spousal support: In the event of separation or divorce, you may be eligible for spousal support (alimony).
- Social Security benefits: You may be entitled to receive survivor's benefits from your spouse's Social Security.
Is it Possible to Establish a Common-Law Marriage in NC Today?
No. As previously stated, North Carolina abolished the recognition of common-law marriages established after January 1, 1968. To be legally married in North Carolina today, you must obtain a marriage license and have your marriage solemnized by an authorized officiant.
What are the Legal Implications of Living Together in NC Without Marriage?
Living together in North Carolina without being legally married does not confer any legal protections or rights associated with marriage. Your rights and responsibilities regarding property, finances, and other matters will be governed by contract law or other applicable state laws, depending on the circumstances. This can lead to significant complexities, particularly in cases of separation or death. It is strongly advisable to consult with a legal professional to establish clear agreements regarding shared finances and property.
How Do I Prove a Common-Law Marriage in NC (for those established before 1968)?
Proving a common-law marriage established before 1968 can be challenging. This often requires substantial evidence, such as:
- Witness testimony: Statements from individuals who witnessed the couple's representation of themselves as married.
- Joint bank accounts and financial records: Documents that show the couple's joint management of finances.
- Tax returns: Joint tax filings can provide evidence of the couple presenting themselves as married.
- Letters and other correspondence: Written communications that refer to the relationship as a marriage.
- Photos and other mementos: Evidence that supports the couple living together and presenting themselves as married.
The court will consider the totality of evidence to determine whether a common-law marriage existed. This process often requires legal representation, as the evidentiary standards are stringent.
Can I get a common law marriage annulled in NC?
The term "annulment" generally refers to declaring a marriage invalid from its inception. Since common-law marriages were valid in NC before 1968, you wouldn't seek an annulment but instead a divorce. If you wish to end a valid common-law marriage established prior to 1968, you must file for divorce.
This information is for educational purposes only and does not constitute legal advice. If you have questions about common-law marriage or other family law matters in North Carolina, it is strongly recommended that you seek advice from a qualified attorney.
