What are the legal rights of an unmarried couple?
In North Carolina, unmarried couples lack the legal rights and privileges conferred to married couples. Without a marriage license, an unmarried couple cannot file for joint tax returns, receive social security benefits of their partner, inherit their partner’s property, or hold decision-making power in matters of health care when the partner is incapacitated. Furthermore, without a marriage license, an unmarried partner cannot receive hospital visitation rights and would not have the right to make medical decisions on behalf of their partner if they become ill. Unmarried couples also lack automatic parental rights over their partner’s children. In the event of the partner’s death, an unmarried partner has no automatic right to custody of their partner’s child and would have to seek legal action to take responsibility for their partner’s children. In addition, an unmarried partner cannot adopt their partner’s child without legally establishing a parental relationship through the court. Without this legal recognition, an unmarried partner would have no legal recourse if their partner decides to end the relationship and take their child away. In summary, an unmarried couple in North Carolina lacks the legal rights and privileges that come with a marriage license. Without a marriage license, an unmarried couple has limited legal rights and protections, which may leave them vulnerable in the face of illness or death of a partner and in matters of parental rights.
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