Gavin Howe
Common-law marriage has existed for centuries in South Carolina. However, as of July 24, 2019, South Carolina no longer recognizes new common-law marriages. This came about following a ruling by the South Carolina Supreme Court in the case of Stone v. Thompson, which stated that remaining unmarried was becoming increasingly common and that people had as much right to remain unmarried as to get married. The ruling did not affect common-law marriages that were entered into before this date, which continue to hold the same legal validity and rights as ceremonial marriages.
| Characteristics | Values |
|---|---|
| Common-law marriage recognition | No longer recognized as of July 24, 2019 |
| Common-law marriage requirements | Intent to be married, holding out as married, cohabitation, and reputation for being married |
| Common-law marriage validity | Valid if established before July 24, 2019 |
| Common-law marriage rights | Same legal validity and rights as ceremonial marriages, including spousal benefits, tax filing, inheritance rights, and child-related arrangements |
| Common-law marriage proof | Factual complexity due to a lack of official public records; proof through reputation, cohabitation, and witnesses |
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What You'll Learn
Common law marriage in SC was abolished in 2019
Common-law marriage, which has existed for centuries in South Carolina, was abolished in the state in 2019. The South Carolina Supreme Court ruled in the case of Stone v. Thompson that common-law marriages entered into after July 24, 2019, would not be recognized. This ruling was made to prevent confusion and lengthy legal disputes over property, alimony, and other marriage-related issues.
Prior to the ruling, South Carolina was one of the few states that recognized common-law marriage. A common-law marriage is formed when two people live together and hold themselves out as husband and wife without obtaining a marriage license or having a wedding ceremony. To establish a common-law marriage, proof of cohabitation and reputation for being married was required. This could be demonstrated through witnesses, records, or other evidence.
The abolition of common-law marriage in South Carolina means that couples who did not enter into a common-law marriage before July 24, 2019, can no longer establish a valid common-law marriage in the state. However, marriages that were entered into before this date still hold the same legal validity and rights as ceremonial marriages. These rights include spousal benefits, the ability to file joint tax returns, inheritance rights, and spousal support obligations in the event of a separation.
The ruling by the South Carolina Supreme Court highlights the importance of proactively documenting how couples wish to handle situations that may arise, especially if they are not legally married. An estate planning lawyer can assist couples in establishing the nature of their relationship and outlining the rights they would like the other to have.
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Cohabiting couples must now obtain a marriage license
South Carolina has a long history of recognizing common-law marriages. However, recent developments in state legislation have brought about significant changes. As of July 24, 2019, the state no longer allows the formation of new common-law marriages. This means that cohabiting couples who intend to be legally recognized as married must now obtain a marriage license.
The ruling, issued by the South Carolina Supreme Court in the case of Stone v. Thompson, was aimed at addressing the confusion and legal complexities often associated with common-law marriages. Proving the existence of a common-law marriage has long been challenging for couples and courts, particularly in divorce and death situations. The new ruling establishes a clear requirement for a marriage license, providing a more straightforward path to legal recognition of a couple's marital status.
While the new legislation puts an end to new common-law marriages in South Carolina, it is important to note that it does not affect marriages entered into before July 24, 2019. Couples who believe they have a valid common-law marriage before this date should be aware of their rights and may need to provide clear and convincing evidence to establish their marital status. This may include proof of cohabitation and reputation, such as holding themselves out as husband and wife, joint ownership of property, joint bank accounts, and other factors that demonstrate their intent to be married.
The change in legislation highlights the importance of proactively documenting how cohabiting couples wish to handle situations that may arise, especially when it comes to property ownership and decision-making in the event of incapacitation. Seeking legal advice from an experienced estate planning lawyer can help couples establish the nature of their relationship and outline their rights and responsibilities outside of a legal marriage.
As the legal landscape surrounding common-law marriages continues to evolve, it is essential for cohabiting couples in South Carolina to stay informed and take the necessary steps to protect their interests and ensure their relationship is recognized and validated by the state.
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Common law marriages before 2019 are still valid
In 2019, the South Carolina Supreme Court ended the recognition of new common-law marriages in the state. This ruling came in the case of Stone v. Thompson, which found that remaining unmarried was becoming increasingly common, and that people had as much right to remain unmarried as to get married.
The ruling took effect on July 24, 2019, and prevents any new common-law marriages from being established in South Carolina. However, it is important to note that this ruling does not affect common-law marriages that were entered into prior to this date. These older relationships are still recognized by the state and carry the same legal validity and rights as ceremonial marriages. This includes the requirement to obtain a divorce or separation before marrying someone else, entitlement to spousal benefits, the ability to file joint tax returns, inheritance rights, and spousal support obligations in the event of a separation.
To prove a common-law marriage, couples must provide evidence of cohabitation and reputation. This means that they must have lived together and held themselves out as husband and wife. This can be proven through witnesses who know the couple and can attest to how they described their relationship, as well as through records. For example, if a couple purchased a home as joint tenants with right of survivorship, this could be evidence of a common-law marriage. Other factors that may be considered include whether the couple had joint bank accounts, referred to each other as husband and wife, and told others that they were married.
While South Carolina no longer recognizes new common-law marriages, it is important to note that this was a recent change. As such, couples who believe they may have entered into a common-law marriage before July 24, 2019 should seek legal advice to understand their rights and obligations. An estate planning lawyer or family lawyer can help couples in this situation to establish the nature of their relationship and outline their rights.
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Common law marriage caused confusion in court
In 2019, the South Carolina Supreme Court ended the practice of forming new common-law marriages. The court ruled that common-law marriage had caused confusion for both couples and the court system, as it was challenging to prove when or if a common-law marriage began. This confusion could lead to prolonged legal battles over alimony, property, and other marriage-related matters.
Common-law marriage, which has existed in South Carolina for centuries, does not require a marriage license or ceremony. Instead, it is based on the couple's intention to be married and their public presentation as a married couple. However, proving these elements has long caused issues for the courts and the couples involved, particularly in divorce and death situations.
The South Carolina Supreme Court's ruling in Stone v. Thompson prevents new common-law marriages from being established in the state after July 24, 2019. Pre-existing common-law marriages entered into before this date may still be recognised if certain criteria are met, such as living together and referring to each other as spouses.
The determination of common-law marriage can vary across different states and jurisdictions. For example, in Colorado, the Supreme Court has revised the requirements for common-law marriage, and while there is no set time frame, couples must meet specific criteria such as cohabitation, sharing bills, consent to be spouses, and having joint accounts. On the other hand, Utah only recognises common-law marriages that have been validated by a court of law, allowing for judicial validation up to a year after the alleged marriage has ended.
The term "common-law marriage" is often used colloquially to refer to cohabiting couples, creating confusion regarding the legal rights of unmarried partners. As a result, couples may mistakenly believe they are in a common-law marriage when they are not, leading to potential legal complications.
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Couples can still enjoy the same benefits as before
As of July 24, 2019, South Carolina no longer recognizes new common-law marriages. This was due to the South Carolina Supreme Court ruling in the case of Stone v. Thompson, which stated that remaining unmarried was becoming more common, and that people had the right to remain unmarried.
However, couples who were in a common-law marriage before this date can continue to enjoy the same benefits as before. This includes the requirement to obtain a divorce or separation before marrying someone else, entitlement to spousal benefits, the ability to file joint state/federal tax returns, coverage under a spouse's health insurance, inheritance rights, and spousal support obligations.
While South Carolina no longer recognizes common-law marriages, other states still do. If you move to another state, you may need to provide evidence of your relationship. An estate planning lawyer can help with this, as well as establishing the nature of the relationship and outlining the rights each partner would like the other to have.
It is important to note that simply living together or having a child together does not create a common-law marriage. To establish a common-law marriage, there must be proof of cohabitation and reputation. This means that both parties must have held themselves out as husband and wife, such as when purchasing a home or telling people they are married.
If you are unsure whether you are in a valid common-law marriage, it is best to consult an experienced attorney for assistance.
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Frequently asked questions
No, South Carolina no longer recognizes common-law marriage as of July 24, 2019.
Common-law marriage is a form of marriage without a marriage license or ceremony. It is a commitment between two people who live together and hold themselves out as husband and wife.
The requirements for a common-law marriage include proof of cohabitation and reputation. The couple must have lived together and held themselves out as husband and wife for some period. Additionally, they must have the "'present' intent" to be married.
The South Carolina Supreme Court ended the practice due to confusion over when a common-law marriage began, leading to lengthy legal disputes. The ruling, however, does not affect common-law marriages entered into before July 24, 2019.
Common-law marriages in South Carolina before July 24, 2019, must be proven with clear and convincing evidence. This can include witnesses who knew the couple and their marital representation, as well as records indicating their reputation as a married couple.
