Kara Sears
Common-law marriage in South Carolina has a rich history in the case law of the state. However, as of July 24, 2019, South Carolina abolished all new common-law marriages in the state. 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. Nevertheless, couples who believe they formed a common-law marriage before this cutoff date can still try to prove it if a dispute arises, such as during a breakup or if one partner dies. To prove a common-law marriage, clear and convincing evidence must be provided to the court, demonstrating that both parties intended to be married to each other and recognized their partner's intention to be married. This evidence can include jointly owned bank accounts, properties, or life insurance policies.
| Characteristics | Values |
|---|---|
| Date of Abolishment | July 24, 2019 |
| Court Ruling | Stone v. Thompson |
| Evidence | Jointly owned bank accounts or properties, life insurance policies with the partner as the beneficiary |
| Legal Status | Common law marriages before July 24, 2019, are still valid and hold the same legal rights as ceremonial marriages |
| Legal Help | Estate planning lawyer, family lawyer, divorce lawyer |
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What You'll Learn
- Common-law marriage in South Carolina no longer recognised as of 2019
- Couples must now obtain marriage licenses and have ceremonies
- Common-law marriages prior to 2019 still hold legal validity
- Clear and convincing evidence of intent to be married is required
- Seek legal guidance from a family lawyer to understand your rights
Common-law marriage in South Carolina no longer recognised as of 2019
In 2019, South Carolina's Supreme Court ruled that common-law marriages could no longer be formed in the state. This ruling, issued in the case of Stone v. Thompson, came into effect on July 24, 2019. The court acknowledged that remaining unmarried is becoming more common, and that people have the right to remain unmarried if they choose.
The ruling also clarified the process of proving a common-law marriage established before July 2019. To prove a common-law marriage, couples must show "clear and convincing evidence" of their intention to be married. This can include jointly owned bank accounts, properties, or life insurance policies. Simply living together, having a sexual relationship, or referring to each other as "husband" or "wife" does not necessarily establish a common-law marriage.
The abolition of common-law marriage in South Carolina does not affect couples who were living together without a marriage license before July 24, 2019. These relationships can still be considered common-law marriages with the proper proof. To ensure their rights are protected, couples in this situation may want to consult a family lawyer or estate planning attorney, who can help establish the nature of the relationship and outline the rights each partner should have.
It is important to note that each state has its own requirements for common-law marriages. If a couple moves to another state that does not recognize common-law marriage, they may still need to provide evidence of their relationship.
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Couples must now obtain marriage licenses and have ceremonies
In 2019, the South Carolina Supreme Court ended the practice of forming new common-law marriages. This ruling, issued in the case of Stone v. Thompson, prevents any new common-law marriages from being established in South Carolina after July 24, 2019. This means that couples must now obtain marriage licenses and have ceremonies to enter into legal marital unions.
Prior to this ruling, South Carolina was one of only eight states that recognised new common-law marriages. A common-law marriage is a legal status that allows couples to be considered married without a traditional ceremony or official license. Couples could simply present themselves as married, live together, share finances, and introduce each other as spouses to family and friends. However, the lack of formal documentation often caused confusion and legal issues, especially in divorce and death situations.
The Court's ruling in Stone v. Thompson clarified the process of proving a common-law marriage established before July 2019. It was decided that both parties must intend to be married to each other and recognise their partner's intention to be married. One spouse cannot claim marriage while the other claims cohabitation. There must be ""clear and convincing evidence"" of the couple's intention to create a real marital union. This evidence can include jointly owned bank accounts or properties, life insurance policies with the partner as the beneficiary, or other proof of shared finances and assets.
Couples who believe they formed a common-law marriage before the 2019 cutoff still need to meet certain criteria and may have to provide proof of their marriage if a dispute arises, especially during a breakup or inheritance claim. These marriages still hold the same legal validity and rights as ceremonial marriages, including the requirement to divorce before marrying someone else, entitlement to spousal benefits, the ability to file joint tax returns, and inheritance rights. It is important to note that there is no set list of factors, and courts will look at all the circumstances surrounding the relationship to decide whether a common-law marriage existed.
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Common-law marriages prior to 2019 still hold legal validity
In South Carolina, common-law marriages that were entered into before July 24, 2019, are still considered valid and hold the same legal validity as ceremonial marriages licensed by the state. This means that couples in a common-law marriage prior to this date have the same rights as those in a traditional marriage, including 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.
The South Carolina Supreme Court's ruling in Stone v. Thompson clarified the process for proving a common-law marriage established before July 2019. The key element necessary to prove the existence of a common-law marriage is the intention of both parties to be married to each other and the recognition of their partner's intention to be married. Clear and convincing evidence must be provided to prove that both parties intended to act as spouses. This evidence can include jointly owned bank accounts or properties, life insurance policies with the partner as the beneficiary, or other documentation proving the intention to be married.
It is important to note that the laws regarding common-law marriage vary from state to state, and some states may have different requirements for proving the existence of a common-law marriage. Additionally, if a couple moves to another state that does not recognize common-law marriage, they may still need to provide evidence of their relationship and may face challenges in establishing their rights. Seeking legal advice from a family lawyer or estate planning attorney can help couples understand their rights and protect their interests.
To prevent potential disputes and ensure that their rights are protected, couples in a common-law marriage may consider executing a health care power of attorney or a financial power of attorney to allow their partner to make decisions on their behalf in the event of incapacitation. An estate planning lawyer can assist in establishing the nature of the relationship and outlining the rights and responsibilities of each partner.
In summary, while South Carolina no longer recognizes new common-law marriages formed after July 24, 2019, those established prior to this date continue to hold legal validity and provide the same rights as traditional marriages. Couples in a common-law marriage prior to 2019 should be aware of their rights and may benefit from seeking legal advice to ensure their relationship is properly documented and their interests are protected.
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Clear and convincing evidence of intent to be married is required
In South Carolina, proving a common-law marriage can be challenging, especially in divorce or death situations. The state's Supreme Court ruling in Stone v. Thompson in 2019 clarified the requirements for establishing a common-law marriage prior to that date. The key element necessary to prove a common-law marriage is the "clear and convincing evidence" of the couple's intention to be married.
This evidence must demonstrate that both parties intended to be married to each other and recognised their mutual intention to create a real marital union. Simply living together, having a sexual relationship, or referring to each other as "husband" or "wife" is insufficient to establish a common-law marriage. Courts seek substantial proof of the couple's intent to act as spouses, beyond mere cohabitation.
To provide clear and convincing evidence of intent to be married, couples can present various types of documentation. This may include jointly owned bank accounts, properties, or life insurance policies with the partner named as the beneficiary. These documents indicate a level of financial interdependence and commitment that supports the claim of a mutual intention to be married.
Additionally, other forms of evidence can strengthen the case for a common-law marriage. For example, if the couple has lived together for an extended period and consistently introduced each other as spouses to family and friends, this can be considered supportive evidence of their intention to be married. However, it is worth noting that each state may have different requirements for proof, and legal guidance is often recommended to navigate these complexities.
While South Carolina no longer allows new common-law marriages to be formed after July 24, 2019, couples who believe they established a common-law marriage before this cutoff date can still try to prove it if disputes arise regarding property, inheritance, or other marital rights. It is important to note that the burden of proof for common-law marriage is high, and legal guidance from a family lawyer or estate planning attorney can be crucial in navigating these complex issues.
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Seek legal guidance from a family lawyer to understand your rights
If you are unsure about your rights in a common-law marriage in South Carolina, it is highly recommended that you seek legal guidance from a family lawyer. While the South Carolina Supreme Court ended the practice of forming new common-law marriages after July 24, 2019, in the case of Stone v. Thompson, existing common-law marriages established before this date are still valid.
A family lawyer can help you understand your rights and navigate any legal complexities. For example, they can advise you on the specific requirements that need to be met to prove a common-law marriage, such as the mutual intention to be married and the recognition of this intention by both parties. This can include presenting clear and convincing evidence to the court, such as jointly owned bank accounts, properties, or life insurance policies.
Additionally, a lawyer can assist with estate planning to ensure that your wishes are respected in the event of your incapacity or death. They can help you execute powers of attorney, draft documents outlining the nature of your relationship, and establish your rights and those of your partner. This proactive documentation can prevent potential property ownership disputes and other concerns that may arise.
Furthermore, a family lawyer can guide you through legal processes related to relationship concerns, separation, divorce, child custody, and support. They can also advise on inheritance rights, spousal benefits, tax filings, and health insurance coverage, which may differ depending on the specifics of your common-law marriage.
By consulting a family lawyer, you can gain clarity on your rights, protect your interests, and make informed decisions regarding your unique situation.
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Frequently asked questions
Common-law marriage in South Carolina is a marriage without a marriage license or ceremony. Common-law marriage has existed in South Carolina for centuries, arising out of the difficulty of transportation to courthouses and the cost of marriage licenses.
The South Carolina Supreme Court has standardized the proof required to establish a common-law marriage. While there is a misconception that couples will be automatically recognized as being in a common-law marriage after living together for seven years, this is not the case. Instead, other factors such as the length of time a couple has lived together, whether they have listed themselves as spouses in official documents, and whether they have children together, can be used as evidence to prove a common-law marriage.
In South Carolina, if a couple is considered married, any property acquired during the marriage is subject to equitable distribution in the case of a divorce. Additionally, a spouse is entitled to survivor benefits, the deceased spouse's retirement accounts, and at least one-third of their estate.
