Unmarried Couple Question

I do not believe she can get any type of alimony from you since you 2 weren’t married. I also do not believe you’re entitled to any income from the sale of the house since everything is in her name and you weren’t married. NC doesn’t recognize common law marriages—I don’t believe.

Her selling the house at the best price possible and moving on sounds like good advice. If you 2 had kids together, then you’re responsible for child support regardless of if you were married or not.

North Carolina does not recognize common law marriage. Because you are not married you do not owe her a duty of support and she cannot sue you to get any.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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Hello,

This is not a divorce question, but I recently ended an 11 year relationship with a woman. We shared a house that was purchased in her name, and all utilities and services were also in her name. I made two payments a month to her to cover bills, a large amount at the beginning of the month and a smaller amount at the middle of the month as a courtesy. The amounts paid were not covered by a written agreement.

Since I have moved out, she is now threatening me with taking me to court to force me to pay her spousal support since she cannot live in her current situation without my income. I have advised her to sell the house for the best price she can get and move along. I understand that North Carolina does not recognize common-law marriage, but what about palimony?

It is also my understanding that since I lived in the home, and paid for half the mortgage and paid and particiapted in the upkeep of the home that I am entitled to half of the equity in the home. Is this true, and is this more of a lien situation versus an actual cash settlement?

Thanks for any advice,

Mike