It is not uncommon today for a couple to live together but not be married. In these situations, the couple may have children, share expenses, co-own property, and outwardly present themselves as a married couple. This is often referred to as ‘common law marriage.’

These types of relationships – both for heterosexual and same-sex couples -- do not guarantee the same rights as those who are married in North Carolina. It is important for couples to consider the legal effects this has on property, assets, and child custody.

Common Law Marriage

Property & Assets – In these matters, state equitable distribution laws do not apply for unmarried couples. Typically, without a formal domestic agreement, assets will be divided based on title of ownership or proof of who paid.

Child Custody – Many existing state protections do not apply, but a domestic partner may have custody rights in certain situations based upon parenting history.

Drafting of Domestic Agreements