Co-Habitant Rights | Palimony

As of the 2000 United States Census, there were 5.2 million unmarried couples living together nationwide and 137,181 unmarried couples living together in North Carolina. These statistics suggest a changing demography that could impact North Carolina law.

No Common Law Marriage

A common law marriage cannot be created under North Carolina law. However, a common law marriage validly established in another state will be recognized by North Carolina Courts. Approximately twelve states recognize Common Law Marriage.

In states that recognize Common Law Marriage, the couple generally must do more than simply live together. Generally, they must:

• Have the intent to be married
• Co-habitate
• Hold themselves out to the public as if married
• Meet other state requirements

Therefore, if a couple living in another state established a common law marriage and moved to North Carolina, they would have the rights of a married couple under North Carolina law and could obtain alimony among other rights (e.g., equitable distribution) upon the dissolution of the marriage.

They would also need to divorce before remarrying to avoid a bigamous second marriage. However, there is no legal way to attain a common law divorce. Individuals who established legally valid common law marriages in other states must follow the normal process to obtain a divorce from a North Carolina court before they can remarry.

Putative Marriage

Some states recognize a putative spouse doctrine. This doctrine allows a person who proves they had a good faith belief they were married to have the rights of a true spouse. It doesn't appear that the State of North Carolina recognizes this doctrine; however, some North Carolina Court decisions appear to use the same equitable principles. You should contact a North Carolina family law attorney for more information on this legal doctrine.

Under Federal law, a person who would qualify as a "putative spouse" may be entitled to Social Security benefits.

Contract Rights

If an unmarried couple enters an express or implied contract, North Carolina Courts will generally enforce it under contract law unless it is based on sexual services. Therefore, couples who live together often have claims to property under a contract theory.

Palimony

Though "palimony" isn't a legal term, it has become understood to mean support paid by an unmarried person to their former cohabitant. At this time, it doesn't appear that the State of North Carolina recognizes a "palimony" action (made famous by the Marvin v. Marvin California decision). However, North Carolina does allow contracts between co-habitors to be enforced as long as they are not based upon sexual services.

Note: Palimony is similar to alimony.