Anaya Nolan
Common-law marriage, a state-recognized marriage agreement where spouses choose not to purchase a marriage license or have a ceremony performed by a legally recognized officiant, has existed for centuries in South Carolina. However, in 2019, South Carolina abolished all new common-law marriages in the state. This has created more predictability in family courts, as common-law marriages had been a source of confusion and legal challenges. While South Carolina no longer allows new common-law marriages, it's important to note that marriages established before the abolition date are still considered valid and have the same legal validity and rights as ceremonial marriages.
| Characteristics | Values |
|---|---|
| Common-law marriage recognition | Recognized before July 24, 2019 |
| Location | South Carolina |
| Marriage license | Not required |
| Wedding ceremony | Not required |
| Legal status | Abolished after July 24, 2019 |
| Legal recognition | Recognized in other states |
| Legal proof | "Clear and convincing evidence" required |
| Legal issues | Complicated |
| Legal rights | Same as ceremonial marriages |
| Legal dissolution | Requires legal divorce |
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What You'll Learn
Common-law marriage history in South Carolina
Common-law marriage has existed for centuries in South Carolina. It arose when transportation to the courthouse to obtain a marriage license was difficult and the cost of a marriage license could be burdensome. The State's recognition of marriages without formal documentation was particularly desirable to legitimize children born out of wedlock. However, in recent times, the practice has become less common.
A common-law marriage is a state-recognized marriage where spouses choose not to purchase a marriage license or have a ceremony performed by a legally recognized officiant. In South Carolina, certain criteria must be met for a common-law marriage to be recognized. 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.
In 2019, the South Carolina Supreme Court ruled that common-law marriages could no longer be formed in the state. The ruling, issued in a case entitled Stone v. Thompson, prevents a new common-law marriage from being established in South Carolina after July 24, 2019. However, this ruling does not affect common-law marriages that were entered into before that date.
The Court's decision to abolish common-law marriage was based on the recognition that remaining unmarried was becoming increasingly common and that people had a right to choose whether to marry or not. Additionally, the Court noted that many people did not understand the existing common-law marriage requirements, leading to confusion about what qualified a couple for such a marriage.
With the abolition of new common-law marriages, South Carolina joined the majority of states in requiring couples to obtain marriage licenses and have ceremonies to enter into legal unions. This change created more predictability in family court matters and simplified the legal process for couples seeking to marry.
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The South Carolina Supreme Court ruling
In the case of Stone v. Thompson, the South Carolina Supreme Court abolished common-law marriage on July 24, 2019. The ruling is not retroactive, meaning that any couple that entered a common-law marriage before this date is still considered married under South Carolina law. However, the Court also changed the rules, including the standard of proof for demonstrating a common-law marriage. Now, a party asserting a common-law marriage must prove by clear and convincing evidence that there was mutual assent to be married. This ruling brings more predictability to family courts and prevents potential property ownership disputes and other concerns for couples.
The primary basis for common-law marriage was morality, and it arose when transportation to the courthouse to obtain a marriage license was difficult and costly. While common-law marriage had existed for centuries in South Carolina, the courts found that the problems and challenges it posed in divorce and death situations outweighed its benefits. The ruling in Stone v. Thompson resolved these issues by preventing new common-law marriages from being established in the state.
Prior to the Stone ruling, couples had the underlying assurance that the doctrine of common-law marriage ratified any defective formal marriage. However, after Stone, these couples can no longer retroactively establish a marital relationship, leaving them without protection or marital benefits in the case of divorce or tragedy. While other states have adopted protections for good faith couples, such as the putative spouse doctrine and palimony, South Carolina only has the good faith exception, which is considered underdeveloped and inadequate to address the complexities presented by the Stone ruling.
The South Carolina Supreme Court's prospective abolishment of common-law marriage has significant implications for the rights of cohabitants who do not qualify for common-law marriage. It also highlights the need for further development in the state's case law regarding the definitional standard of good faith. The Court's ruling has been criticized for not adequately addressing the inequities faced by good-faith couples as a result of the abolishment of common-law marriage.
The South Carolina Supreme Court's ruling in Stone v. Thompson has had a significant impact on the recognition of common-law marriages in the state. While the ruling does not affect pre-existing common-law marriages, it has changed the landscape for couples seeking to establish a marital relationship without a license. The ruling has also brought attention to the need for further protections for good-faith couples and the development of case law surrounding the concept of good faith.
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Rights of spouses in common-law marriages
In South Carolina, common-law marriages are no longer recognized for couples who entered into such a union after July 24, 2019. However, this ruling by the South Carolina Supreme Court is not retroactive, meaning that any common-law marriages established before this date are still considered valid.
Common-law marriages are a type of marriage where spouses choose not to purchase a marriage license or have a legally recognized wedding ceremony. While common-law marriages are no longer recognized in South Carolina, spouses in such marriages do have certain rights.
In terms of property ownership, if a home was purchased during the marriage, even if it is in one spouse's name, the other spouse would have a claim to it as marital property. Additionally, a spouse has rights in the event of the other spouse's death. They are preferred to be appointed to administer the deceased spouse's estate and will inherit at least 50% of the estate if there is no will. A surviving spouse is also often a beneficiary of life insurance or retirement benefits and may be entitled to Social Security death benefits.
To ensure rights are protected in a common-law marriage, couples may want to proactively document how they wish to handle certain situations. This can include executing a healthcare power of attorney or a financial power of attorney to allow the spouse to make decisions on behalf of the other in the event of incapacitation. Consulting with an estate planning lawyer can help establish the nature of the relationship and outline the rights each spouse would like the other to have.
It is important to note that the rights of spouses in common-law marriages can vary depending on the state and jurisdiction. Each state has its own requirements for proving a common-law marriage, and legal issues related to establishing such a marriage can be challenging.
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Establishing a common-law marriage
Common-law marriage is a legally recognised marriage between two people who have not purchased a marriage license or engaged in a ceremony officiated by a recognised official. Common-law marriage is permitted in several U.S. states, with each state having its own requirements for couples to meet.
In South Carolina, common-law marriage has existed for centuries. It arose when transportation to the courthouse to obtain a marriage license was difficult and the cost of a marriage license could be burdensome. However, as of July 24, 2019, common-law marriage has been abolished in South Carolina. The South Carolina Supreme Court ruled in Stone v. Thompson that parties may no longer enter into a valid marriage in the state without a license. This ruling is not retroactive, meaning that any common-law marriages entered into before this date are still considered valid.
For couples in states that recognise common-law marriage, there are several requirements that must be met to establish this type of union. These include:
- Living together in a state that recognises common-law marriage for a consistent period, typically seven or ten years.
- Presenting themselves as a married couple to friends, neighbours, and coworkers, referring to each other as "my husband" or "my wife" and perhaps using the same last name.
- Maintaining joint finances such as leases/mortgages, bank accounts, and credit cards.
- Neither partner is married to anyone else.
It is important to note that the requirements for common-law marriage may vary from state to state, and it is always advisable to seek legal advice when establishing this type of union.
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Legal issues and challenges
South Carolina abolished common-law marriage in 2019, but only for people who would have entered into a common-law marriage after July 24, 2019. This ruling came from the South Carolina Supreme Court in the case of Stone v. Thompson. The ruling was not retroactive, meaning that any couple who entered a common-law marriage before this date is still considered married under South Carolina law.
The primary basis for common-law marriage was morality, and the belief that society cared about whether a couple was married or if their child was considered a bastard. However, the court found that these paternalistic motivations no longer outweighed the offenses to public policy. Abolishing common-law marriage also creates more predictability in family court, as it had reduced marriage to a guessing game.
While common-law marriages grant many legal rights, there can be differences in areas like estate claims, benefits, and taxes compared to a licensed ceremonial marriage. For example, a spouse has rights on death, such as inheriting at least 50% of their spouse's estate if there is no will. If the marriage was not established during the time of death, the survivor may not be allowed to determine funeral arrangements.
Legal issues related to establishing yourself as a common-law married couple can be complicated and challenging. To prove a common-law marriage, there must be clear and convincing evidence that the couple intended to create a real marital union, not just cohabitation. This can include purchasing a home as husband and wife, having joint bank accounts, and telling others that you are married. An estate planning lawyer can help couples identify areas they may need to pre-emptively address and draft documents to establish the nature of the relationship.
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Frequently asked questions
No, South Carolina no longer recognizes new common-law marriages as of July 24, 2019.
A common-law marriage is a state-recognized marriage where a couple chooses not to obtain a marriage license or have a ceremony. Instead, they live together and hold themselves out as husband and wife.
Common-law marriage was abolished in South Carolina due to the increasing prevalence of non-marital cohabitation, and to simplify the legal process surrounding marriage.
Common-law marriages established before July 24, 2019, are still recognized in South Carolina, and these couples continue to have the same rights as legally married couples.
