Cameron Miranda
Common-law marriages in South Carolina have existed for centuries, arising from the challenges of travelling to a courthouse to obtain a marriage license. However, as of July 24, 2019, the South Carolina Supreme Court abolished the formation of new common-law marriages in the state. This decision standardized the proof required for common-law marriages, now demanding clear and convincing evidence. While this ruling does not affect pre-existing common-law marriages formed before 2019, it underscores the importance of seeking legal guidance to understand one's rights and marital status under South Carolina law.
| Characteristics | Values |
|---|---|
| Date of abolishment of common-law marriage | July 24, 2019 |
| Ruling | Stone v. Thompson |
| Ruling by | SC Supreme Court |
| Common-law marriage | Abolished |
| Common-law marriage recognition before the ruling | Recognized |
| Common-law marriage recognition after the ruling | Not recognized |
| Common-law marriage recognition before the ruling date | Recognized |
| Couples in common-law marriage before the ruling date | Legally married |
| Couples in common-law marriage after the ruling date | Not legally married |
| Couples in common-law marriage before the ruling date | Need to meet certain criteria to prove their marriage |
| Criteria to prove common-law marriage | Testimonies from friends or family stating they presented themselves as married |
| Criteria to prove common-law marriage | Evidence of living together and referring to each other as husband and wife |
| Criteria to prove common-law marriage | Evidence of a present intention to marry |
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What You'll Learn
Common-law marriages in South Carolina no longer recognised
Common-law marriages have existed for centuries in South Carolina. However, in 2019, the South Carolina Supreme Court ruled that no new common-law marriages could be formed after that point. This means that couples who want to enter into a valid marriage in South Carolina must now obtain a marriage license. The ruling was made in the case of Stone v. Thompson and took effect on July 24, 2019.
The decision to abolish common-law marriages in South Carolina was influenced by several factors. One reason was the difficulty in proving a common-law marriage, which caused confusion for couples and the court system. Without a formal marriage certificate, it was challenging to determine exactly when or if a common-law marriage began, leading to lengthy legal disputes over property, alimony, and other marriage-related issues.
Additionally, cultural shifts played a role in the abolition of common-law marriages. With an increasing number of couples choosing to cohabit and raise families without marrying, the court recognised the importance of honouring the decision to remain unmarried. The ruling also brought South Carolina in line with most other states in the nation, as fewer than ten states continue to recognise common-law marriages.
It is important to note that the ruling does not affect existing common-law marriages formed before July 24, 2019. These marriages are still considered valid, and couples who believe they have a valid common-law marriage can seek legal guidance to understand their rights and obligations. To prove a common-law marriage, couples may need to provide evidence such as testimonies from friends and family stating that they presented themselves as married.
If you are unsure about your marital status or have concerns related to property or spousal rights, it is recommended to consult an experienced family law attorney in South Carolina for personalised legal advice.
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Criteria for common-law marriage recognition
In South Carolina, certain criteria must be met for a common-law marriage to be recognized. While common-law marriages can no longer be formed in South Carolina, the South Carolina Supreme Court ruling in the case of Stone v. Thompson on July 24, 2019, is not retroactive. This means that common-law marriages entered into before this date are still recognized.
For a common-law marriage to be valid, both partners must intend to live as a married couple during their relationship. This means that the couple has voluntarily entered into a long-term, committed, intimate relationship with the intention to take on the social and legal responsibilities of marriage. Both partners must be at least 16 years old, not currently married to anyone else, and not closely related by blood. Additionally, the couple must live together and agree to consider themselves as spouses.
Meeting these requirements does not automatically grant common-law marriage status; it is a recognition by the state. Many states allow current common-law marriages or recognize those from before state legislature changes. However, it is important to note that each state has its own unique requirements for establishing a common-law marriage, and the specific criteria may differ from state to state.
If you have concerns about your rights in a relationship or are seeking legal guidance regarding common-law marriage, it is advisable to consult with a family law attorney or an estate planning lawyer who can provide professional legal advice tailored to your specific situation.
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Proving a common-law marriage
In 2019, the South Carolina Supreme Court abolished the ability to establish new common-law marriages in the state. However, this ruling is not retroactive, meaning that any couple that entered a common-law marriage before July 24, 2019, is still considered married.
Despite the change in the law, proving a common-law marriage can still be challenging. If you have moved to another state that doesn't recognize common-law marriage, you may still need to provide evidence of your relationship. The exact evidence required to prove a common-law marriage will depend on the laws of the state in which the marriage was established.
In general, couples in valid common-law marriages have the same legal rights and obligations as any other married couple. To take advantage of these rights, you will typically need to prove that:
- You established your marriage relationship while living in a state that recognized common-law marriages.
- Both of you intended for your relationship to be a marriage.
- You lived together and held yourself out in public as a married couple.
To prove a common-law marriage, certain documents can be used, such as an affidavit or property deed. An affidavit is a written statement in which you swear under oath that the statement is true. Personal affidavits can include the date and location where both parties mutually agreed to become spouses, previous marriages, and any other details that will help show a spousal relationship. Friend and family affidavits from people familiar with the relationship can also be helpful. Other documents that may be requested include lease agreements, tax returns, and insurance policies.
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Legal rights in a common-law marriage
In the United States, common-law marriage has existed since colonial times when America was a colony of England. Common-law marriage is a state-recognized marriage where couples choose not to purchase a marriage license or have a ceremony performed by a legally recognized officiant.
In South Carolina, common-law marriages are no longer recognized after a ruling by the South Carolina Supreme Court in 2019. However, this ruling does not affect common-law marriages that were entered into before July 24, 2019.
In states that do recognize common-law marriage, couples may have the same rights as those who went through a formal marriage. These rights include:
- Social Security: Partners can receive spousal Social Security benefits if they can prove the number of years they lived together in a common-law state.
- Medical Benefits: Recognized common-law couples may combine health insurance policies, reducing the amount paid in monthly premiums.
- Tax Benefits: Common-law spouses are exempt from the gift tax for gifts to each other, enjoy unlimited marital exemptions for their estate up to the federal estate tax limit, and can claim deductions for mortgage interest if they co-own a house or have children.
- Wills: Inheritance of a common-law spouse's property is allowed with a valid will. Their children and other family members assume inheritance rights if they die without a will.
It is important to note that the rights of common-law spouses can vary from state to state, and each state has its own unique requirements for establishing a common-law marriage. Some states may also recognize civil unions, which provide rights only on the state level.
To establish a common-law marriage, certain criteria must generally be met. Both partners must:
- Have the legal capacity to marry, typically being at least 18 years old and of sound mind, and not currently married to other people.
- Intend to be married and hold themselves out as spouses to their community, which can include referring to each other as "spouse" or "partner" and taking the same last name.
- Live together for a period of time, although there is no statutory requirement for the length of time.
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Divorce and death in common-law marriages
In the United States, common-law marriages are legally recognised in a small number of states, and the requirements for validation differ across each state. Common-law marriages are formed when two individuals choose not to purchase a marriage license or have a ceremony performed by a legally recognised officiant. Instead, they agree to live together and present themselves as spouses to their community.
Divorce
When it comes to divorce, common-law marriages are treated similarly to conventional marriages. The main difference is that common-law spouses have to prove they were married before they can get divorced. This proof can include evidence of cohabitation, shared finances, and public acknowledgment of the relationship. Once the marriage is validated, the divorce process is the same as that of a traditional marriage, including the division of assets and liabilities.
Death
In the case of the death of a common-law spouse, the surviving spouse may have to prove their marriage to receive benefits or deal with property ownership. This proof can include documents that show evidence of cohabitation, such as joint bank account statements, utility bills, insurance policies, and legal paperwork like wills or powers of attorney. Witnesses can also provide evidence of the couple's committed relationship and cohabitation.
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Frequently asked questions
No, South Carolina does not recognize new common-law marriages as of July 24, 2019.
A common-law marriage is a state-recognized marriage where couples choose not to purchase a marriage license or have a ceremony performed by a legally recognized officiant.
Common-law marriages were abolished in South Carolina to create more predictability in family courts. The unpredictability of outcomes in common-law marriage cases often led to lengthy legal battles.
Common-law marriages established before July 24, 2019, are still valid and hold the same legal rights as ceremonial marriages.
Both partners must be at least 16 years old, not currently married to anyone else, and not closely related by blood. They must live together and agree to consider themselves as spouses.
