In the state of North Carolina, a couple must be legally engaged in a marriage contract and license to gain the rights and leisure of a recognized union.  Due to North Carolina’s firm held belief that marriage is a sanctified union with state qualified obligations, common law marriages may not be established here.  However, if a couple has entered into a common law marriage previously in a state that lawfully certifies the union, such as Alabama, Colorado, Iowa, Kansas, Montanta, New Hampshire (posthumously), Rhode Isaland, South Carolina, Texas, Utah, and in the District of Columbia, and then that couple relocates to NC, they will be allowed to remain in a common law marriage and be legally recognized as spouses.

Now what about the legal rights for spouses of a legally recognized common law marriage in North Carolina?  Spouses officially entered into a common law marriage are allowed to enjoy the benefits of licensed married couples.  This includes, but not limited to, the choice to file an income tax jointly, the need to file a divorce at the end of the relationship, and the ability to jointly file bankruptcy.

So, in a nutshell, yes- if your common law marriage is recognized in the state of North Carolina, then you are able to file jointly in a bankruptcy.  However, you will need to be prepared to provide documentation of your common law marriage status to the bankruptcy court.