Some couples live long lives together without ever marrying. But should they break up, the law does not necessarily provide the same legal rights and protections to cohabiting couples as it does to married couples. The lack of property rights is often a primary issue when an unmarried couple splits. While North Carolina law requires a divorcing couple to divide marital property and debts equally , there is no such requirement for couples who have lived together without marrying.
Couples who are looking ahead might draft a cohabitation agreement. The agreement would outline how the couple would divide assets and debts if they were to split up. It could also address other topics of consequence, such as healthcare decisions and end-of-life issues. A couple going through a breakup who cannot come to an agreement on property issues on their own may submit to mediation or arbitration with the help of trained third-party professionals.
Charles R. Attorney Charles Ullman is a board-certified family law specialist who focuses his practice exclusively on family law matters, including mediation, arbitration, and collaborative divorce. Our lawyers and legal staff serve clients throughout Raleigh , Cary, and surrounding areas in Wake County.
Regardless of how long you live together, North Carolina does not recognize unmarried cohabitation as a legal status. Couples whose relationship is like a marriage in all other respects are usually not entitled by law to equitable distribution of property, alimony, or similar legal accommodations if the relationship ends.
The best way to establish rights as a cohabiting, unmarried couple is to establish them by contractual agreement. Such cohabitation agreements are enforceable as long as the agreement is not based on sexual services and it is not egregiously unfair to one of the two parties. A cohabitation agreement between a couple may be drafted to set out the rules that will govern their disposition of property, expenses, and debts if the relationship dissolves.
