Are there any laws related to common law marriages?
In North Carolina, common law marriage is not legally recognized. A common law marriage is when two people live together and present themselves to the public as a married couple, but without actually completing the paperwork necessary for a legal marriage. This means that common law marriages are not legally valid in North Carolina – any legal rights that come from marriage (such as financial or inheritance rights) are not available to those in a common law marriage. Also, people in a common law marriage cannot receive benefits under the other person’s health insurance. However, North Carolina does recognize common law marriages that were formed in other states, if they were legally valid in the state they were formed. In other words, if a couple formed a common law marriage in another state that permits common law marriage, that couple would still have the rights that any other legally married couple would have in North Carolina. It is important to note, however, that the rights of common law marriage still have boundaries in North Carolina. For example, common law married couples cannot adopt a child together, nor can they file taxes jointly. For the most part, the laws related to common law marriage in North Carolina are limited to recognizing it in other states. Couples who want to have the legal rights and privileges associated with marriage must take the steps necessary to obtain a legally recognized marriage in North Carolina.
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