Legal Question in Wills and Trusts in North Carolina

When using software to create a simple will, is a marriage certificate necessary to be considered a "spouse"? My significant other and I want to have wills but do not choose to marry. Thank you.


Asked on 8/04/10, 12:31 pm

1 Answer from Attorneys

If you are not married legally (have a marriage certificate) then you do not have any spouse.

There is no such thing as common law marriage in North Carolina. If you lived in other states, I would need to know when any common law marriage was entered into and if it was during the period of your residency there. If so, then you might indeed be married.

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Answered on 8/17/10, 1:24 pm


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