Living Together Is Not Marriage
G.S. 51-1 — consent expressed before a minister or magistrate
In North Carolina, a valid marriage is created by the consent of two people who may lawfully marry, freely, seriously and plainly expressed by each in the presence of the other, either before an ordained or church-authorized minister or a magistrate, with the minister's or magistrate's declaration that they are married, or in a mode of solemnization recognized by a religious denomination or a recognized Indian nation or tribe.
| The assumption | What the law actually does |
|---|---|
| The assumptionLiving together long enough creates a marriage | What the law actually doesConsent expressed before a minister or magistrate, or in a recognized mode of solemnization |
| The assumptionA private exchange of promises is a marriage | What the law actually doesThe consent is expressed with the officiant's declaration, or in a recognized solemnization |
A marriage validly formed in another state, property and support claims between unmarried partners, and how a marriage ends are separate questions this page does not answer. Whether a particular relationship is a marriage is a question for a licensed North Carolina attorney.
Sources for this section (1)
- G.S. 51-1 — Requisites of marriage; solemnization
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed North Carolina attorney.