Cameron Miranda
South Carolina once recognized common-law marriages, allowing couples to be considered married without a ceremony or license. However, in 2019, the state's Supreme Court ruled that no new common-law marriages could be formed, citing shifting cultural norms and confusion over requirements. This decision, known as Stone v. Thompson, established that from July 24, 2019, onwards, couples in South Carolina must obtain a marriage license to be legally married. While the ruling abolished new common-law marriages, it did not affect those established before the cutoff date, and such relationships may still be recognized with proper proof.
| Characteristics | Values |
|---|---|
| Common law marriage recognized? | No, abolished in 2019 |
| Common law marriages prior to 2019 recognized? | Yes |
| Requirements for common law marriage | Both partners must be at least 16 years old, not currently married, and not closely related by blood. The couple must live together and agree to consider themselves as spouses. |
| Proof of common law marriage | Testimonies from friends or family stating the couple presented themselves as married |
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What You'll Learn
Common-law marriages in South Carolina before 2019
Common-law marriage is a hotly debated topic in South Carolina. Before July 24, 2019, South Carolina recognised common-law marriages as long as certain requirements were met. However, as of that date in 2019, South Carolina abolished all new common-law marriages in the state under the ruling of the South Carolina Supreme Court in the case of Stone v. Thompson.
A common-law marriage is a state-recognised marriage where two people live together and hold themselves out as husband and wife but have not obtained a marriage license or had a wedding ceremony. In the past, South Carolina was one of only eight states that allowed common-law marriages. The specific requirements for a common-law marriage to be recognised in South Carolina included both partners being 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 be considered spouses.
The ruling did not affect common-law marriages that were entered into before the cutoff date of July 24, 2019. These marriages are still considered valid, and couples in this situation can continue to file their state and federal tax returns under the status of "Married, Filing Jointly" or "Married, Filing Separately". However, couples who entered into a relationship after the July 2019 cutoff date may want to draw up a formal agreement to define their arrangement and maintain an unmarried status.
If a couple is in a relationship and wants to be considered married to ensure they have spousal rights, they may find it easier to obtain a marriage license and participate in a simple ceremony. This is because there is much confusion around what constitutes a valid common-law marriage in South Carolina, and legal questions can still arise for people who lived under such an arrangement before 2019. It is recommended that those with concerns about their rights or disputes involving property or spousal rights seek professional legal advice.
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Common-law marriages in South Carolina after 2019
South Carolina abolished common-law marriages in the state with effect from July 24, 2019. This means that any couple who did not enter into a common-law marriage before this date cannot establish a valid common-law marriage in South Carolina.
History of Common-Law Marriages in South Carolina
Common-law marriage has existed in South Carolina for many years with the state recognizing them since 1911. Before the 2019 ruling, South Carolina was one of only a handful of states that allowed common-law marriage.
Reasons for the Abolition
The ruling, made in the case of Stone v. Thompson, was in recognition of shifting cultural and societal norms and an attempt to simplify the legal process. The Court noted that remaining unmarried was becoming increasingly common and that people had a right to remain unmarried if they so chose. The ruling also acknowledged that most people did not understand the existing requirements for common-law marriage.
Recognition of Common-Law Marriages Before 2019
The ruling does not affect common-law marriages that were entered into before the cutoff date. These marriages are still considered valid, and couples can continue to file their state and federal tax returns as "Married, Filing Jointly" or "Married, Filing Separately". However, couples who believe they formed a common-law marriage before 2019 may need to prove it if a dispute arises, for example during a breakup or if one partner dies and the other claims inheritance rights as a spouse.
Establishing a Common-Law Marriage Before 2019
To establish a common-law marriage in South Carolina before 2019, couples needed to meet certain criteria. Both partners had to be at least 16 years old, not currently married to anyone else, and not closely related by blood. Additionally, the couple had to live together and agree to consider themselves as spouses. However, simply cohabitating did not create a legal marriage, and there was no requirement for a specific length of time, contrary to the common belief that it took seven years.
Implications for Couples
The abolition of common-law marriage in South Carolina has created both relief and confusion for couples. For those who wish to be considered married and ensure they have spousal rights, it may be easier and more cost-effective to obtain a marriage license and participate in a simple ceremony. An estate planning attorney can also help draft documents to outline the rights each partner would like the other to have if the relationship is not a legal marriage.
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Rights of couples in a common-law marriage before 2019
Before 2019, South Carolina was one of the few states that recognized common-law marriages. A common-law marriage is a legal status where couples are considered married without a traditional ceremony or official license. Couples in a common-law marriage generally have the same legal rights and obligations as any married couple.
In the case of a breakup or the death of one partner, the other partner may claim inheritance rights as a spouse. A spouse can be covered by the other spouse's health insurance. In the case of a divorce, the couple would have to undergo a legal process similar to that of a ceremonial marriage.
However, there are some differences in rights between common-law marriages and licensed ceremonial marriages, such as in areas of estate claims, benefits, and taxes. For example, a home acquired before marriage is not considered marital property, whereas a home acquired during the marriage is subject to equitable distribution in the event of a divorce.
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.
Since there was potential for confusion or disagreement, South Carolina's Supreme Court ruled in 2019 that common-law marriages would no longer be possible. The ruling did not affect common-law marriages established before the cutoff date of July 24, 2019. Couples who believe they formed a common-law marriage before this date can still try to prove it if a dispute arises.
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Requirements for a common-law marriage to be recognised
On July 24, 2019, the Supreme Court of South Carolina ruled against recognizing any new common-law marriages in the case of Stone v. Thompson. The ruling noted that remaining unmarried was becoming more common, and that people had a right to remain unmarried. The court also acknowledged that most people did not understand the existing requirements for common-law marriage.
Despite this, South Carolina continues to recognize common-law marriages that were entered into before July 24, 2019. For couples who believe they formed a common-law marriage before this date, they must prove their status if a dispute arises, for example, during a breakup or if one partner dies. This proof may include testimonies from friends or family stating that the couple presented themselves as married.
- No current marriages: Both parties must not be currently married to anyone else.
- Age: Both partners must be at least 16 years old.
- Kinship: The couple must not be closely related by blood.
- Cohabitation: The couple must live together.
- Spousal recognition: They must agree to consider themselves as spouses and refer to each other as husband and wife.
- Intention: There must be substantial proof that both parties intended to be married.
- State recognition: The couple must state an intention for their marriage to be recognized legally by the state of South Carolina.
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How to prove a common-law marriage
As of July 24, 2019, South Carolina no longer recognizes new common-law marriages. However, common-law marriages established before this cutoff date are still considered valid.
If you need to prove a common-law marriage, here are some key steps and considerations:
- Understand the requirements for common-law marriage recognition: Before July 24, 2019, South Carolina had specific criteria for recognizing common-law marriages. These included both partners being at least 16 years old, not currently married to anyone else, and not being closely related by blood. Additionally, the couple must have lived together and agreed to consider themselves spouses.
- Gather evidence: To prove a common-law marriage, you may need to provide clear and convincing evidence. This can include testimonies or affidavits from friends or family stating that you presented yourselves as a married couple. Other documents that can help establish a common-law marriage include property deeds, bank statements, loan documents, leases, mortgages, and credit card accounts in both spouses' names.
- Seek legal advice: If you are unsure about your marital status or have disputes involving property or spousal rights, it is essential to seek professional legal advice. A family lawyer can guide you through the specific requirements and help you understand your rights.
- Act promptly: If you are separating from your partner and need to prove a common-law marriage for divorce or property division, it is important to act promptly. In some states, like Texas, if you are separated for more than two years without taking action to end the marriage, it may be harder to prove the existence of a common-law marriage.
- Consider state-specific rules: Remember that requirements for proving a common-law marriage can vary by state. While South Carolina no longer recognizes new common-law marriages, if you lived in another state that recognizes such marriages, you may need to understand that state's specific rules and requirements.
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Frequently asked questions
No, South Carolina no longer recognizes new common-law marriages as of July 24, 2019. This decision was made by the South Carolina Supreme Court in the case of Stone v. Thompson.
A common-law marriage is a legal status where a couple is considered married without obtaining a marriage license or having a traditional wedding ceremony. To qualify as a common-law marriage, certain criteria must be met, such as both partners being at least 16 years old, not currently married to anyone else, and not closely related by blood.
Common-law marriages formed before the cutoff date are still considered valid in South Carolina. However, couples who believe they had a common-law marriage before this date may need to provide proper proof if a dispute arises regarding property, spousal rights, or inheritance claims.
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