Is Common Law Marriage Recognized in NC?
North Carolina, once a haven for common-law marriages, no longer recognizes them for marriages entered into after January 1, 1968. This means that if you believe you were in a common-law marriage before this date, the situation is different than for couples who believe they were married after this date. Understanding this cutoff date is crucial for anyone questioning the legal validity of their relationship in North Carolina. Let's delve into the details.
What is Common Law Marriage?
Common-law marriage, also known as informal marriage, is a legal relationship where a couple lives together and holds themselves out to the public as husband and wife without ever obtaining a marriage license or having a formal ceremony. Historically, several states recognized this type of marriage, but the trend is towards abolishing the practice.
When Was Common-Law Marriage Abolished in NC?
As mentioned earlier, North Carolina abolished the recognition of common-law marriages for couples who began cohabitating after January 1, 1968. This means that any couple who began living together as husband and wife after this date will not be considered legally married under North Carolina law, regardless of how long they've lived together or how they presented themselves to others.
What About Couples Who Began Living Together Before January 1, 1968?
For couples who began living together and presenting themselves as married before January 1, 1968, the situation is more complex. While North Carolina no longer creates new common-law marriages, it still recognizes those that were established before the 1968 cutoff. However, proving the existence of such a marriage can be challenging and often requires substantial evidence.
What Evidence Is Needed to Prove a Common-Law Marriage (Before 1968)?
If you are claiming a common-law marriage that began before January 1, 1968, you will need to provide compelling evidence to the court. This might include:
- Testimony from witnesses: Friends, family members, and neighbors who can attest to your presentation as a married couple.
- Joint financial records: Joint bank accounts, tax returns filed jointly, and other financial documents showing shared finances.
- Statements made by the couple: Letters, emails, or other written communications where you referred to each other as husband and wife.
- Other evidence: Photos, videos, or other documentation supporting your claim.
This evidence must clearly demonstrate that you and your partner:
- Agreed to be married. This agreement doesn't need to be formal but must be a clear expression of intent to be married.
- Cohabited. You must have lived together as husband and wife.
- Represented yourselves to others as married. This means you publicly presented yourselves to friends, family, and the community as a married couple.
This process is highly fact-specific, and legal counsel is strongly recommended.
What are the Legal Implications of a Valid Common-Law Marriage (Before 1968)?
If a court determines that a common-law marriage existed before 1968, the couple is considered legally married for all purposes under North Carolina law. This includes rights regarding:
- Property division: In a divorce, marital property will be divided according to North Carolina's equitable distribution laws.
- Spousal support (alimony): One spouse may be entitled to receive spousal support from the other.
- Inheritance rights: The surviving spouse has inheritance rights.
Does North Carolina Recognize Common-Law Marriages from Other States?
North Carolina recognizes valid common-law marriages formed in other states that still allow them, as long as they were legally valid where they originated. However, this would still require proof of the existence and validity of the marriage in the other state.
Disclaimer: This information is for educational purposes only and is not legal advice. If you have questions about your specific situation, you should consult with a qualified North Carolina family law attorney. They can help you understand the complexities of North Carolina's laws regarding common-law marriage and guide you through the necessary steps to protect your rights.
