Anaya Nolan
South Carolina is one of the few states that still recognize common-law marriages, provided they were entered into before July 24, 2019. The South Carolina Supreme Court abolished common-law marriages in the state from this date onwards, requiring couples to obtain marriage licenses and participate in a ceremony to be considered legally married. This ruling was made to prevent the confusion and legal issues that can arise from common-law marriages, particularly regarding property ownership and spousal rights.
| Characteristics | Values |
|---|---|
| Common law marriage recognized | Yes, if entered into before July 24, 2019 |
| Requirements | Intent to be married, holding out as married (e.g. joint tenants, joint bank accounts), living together |
| Proof | Clear and convincing evidence |
| Rights | Survivor benefits, ownership of assets, spousal rights |
| Divorce | No such thing as common law divorce, court decides on property division and alimony |
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What You'll Learn
- Common-law marriage in South Carolina was abolished in 2019
- Common-law marriages in South Carolina that began before 2019 are still recognised
- Common-law marriages are between two people who live together and hold themselves out as married without a marriage license or ceremony
- Common-law marriages in South Carolina are valid without a marriage license or ceremony
- Common-law marriages can be difficult to prove and may result in legal issues
Common-law marriage in South Carolina was abolished in 2019
Prior to this ruling, South Carolina was one of only eight states that permitted new common-law marriages. 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. It has existed for centuries in South Carolina, arising when transportation to the courthouse to obtain a marriage license was difficult and the cost of a license was burdensome.
The ruling does not affect couples who entered into a common-law marriage before July 24, 2019. Their relationship will still be considered a common-law marriage with the proper proof. The South Carolina Supreme Court standardized the proof required to establish a common-law marriage, which includes evidence of cohabitation and reputation for being married. This could include filing joint tax returns, using the same surnames, listing the other person as a spouse on employment documents, buying property together, or naming the other person as a spouse or beneficiary on a life insurance document.
Couples who want to ensure their relationship is not considered a pre-existing common-law marriage may want to draw up a formal agreement to define their arrangement as unmarried. They may also want to execute a health care power of attorney or a financial power of attorney to allow their partner to make decisions on their behalf should they become incapacitated.
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Common-law marriages in South Carolina that began before 2019 are still recognised
Common-law marriages in South Carolina that began before 24 July 2019 are still recognised. However, the South Carolina Supreme Court ruled in 2019 that common-law marriages would no longer be possible going forward.
For centuries, South Carolina recognised common-law marriages, which were marriages without formal documentation. This was particularly desirable to legitimise children born out of wedlock. Common-law marriages arose when transportation to the courthouse to obtain a marriage license was difficult, and the cost of a marriage license could be burdensome.
To establish a common-law marriage in South Carolina, there are two requirements: the intent of each party to be married to the other, and a mutual understanding between the parties of their intent to be married. However, it is important to note that there is no set list of factors, and the court looks at all the factors surrounding the relationship. For example, when purchasing a home, did the couple do so as husband and wife, or as two individuals? Do they tell others they are married, and do they have joint bank accounts?
While common-law marriages that began before 24 July 2019 are still recognised, there may be additional requirements that need to be met. These include the parties having a present intent to marry, being unmarried, unrelated adults of sound mind, and being old enough to legally marry (16 years old with parental consent).
It is important to note that the existence of a common-law marriage can have important legal consequences, including the division of assets and property ownership disputes. If you were in a common-law marriage before 24 July 2019, it is recommended that you speak to a lawyer to understand your rights.
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Common-law marriages are between two people who live together and hold themselves out as married without a marriage license or ceremony
Common-law marriages are typically between two people who live together and hold themselves out as married without a marriage license or ceremony. In the past, South Carolina was one of the few states that recognized common-law marriages. However, this changed after a South Carolina Supreme Court ruling in 2019.
The history of common-law marriages in South Carolina dates back centuries. They arose when obtaining a marriage license was challenging due to transportation difficulties and associated costs. Common-law marriages provided a way for couples to legitimize their relationship and any children born from it without the need for legal documentation.
To establish a common-law marriage in South Carolina, couples had to meet certain requirements. These included having the present intent to marry, being legally capable of marrying (unmarried, unrelated adults of sound mind, and of legal age with parental consent), living together, and holding themselves out to the public as married. Examples of holding themselves out as married include using the same last name, telling others they were married, and filing taxes jointly.
The South Carolina Supreme Court ruling in July 2019 abolished the establishment of new common-law marriages in the state. This ruling took effect on July 24, 2019, and was made in the case of Stone v. Thompson. While this ruling prevents new common-law marriages, it does not affect those that were entered into before this date. Couples in a common-law marriage prior to the cutoff date are still considered legally married and retain their spousal rights.
The abolition of new common-law marriages in South Carolina means that couples who wish to be considered married must now obtain a marriage license and participate in a marriage ceremony. This change brings South Carolina in line with the majority of states that require legal marriages.
It is important to note that common-law marriages can lead to complex legal issues, especially during separation or death. Couples in a common-law marriage, especially before the 2019 ruling, should be aware of their rights and seek legal advice if needed.
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Common-law marriages in South Carolina are valid without a marriage license or ceremony
South Carolina has a long history of recognizing common-law marriages. However, in 2019, the state's Supreme Court abolished the establishment of new common-law marriages. This ruling took effect on July 24, 2019, and was made in the case of Stone v. Thompson.
Prior to this ruling, South Carolina was one of the few states that allowed common-law marriages, which are marriages without a marriage license or formal ceremony. To establish a common-law marriage in South Carolina, couples had to meet certain requirements, including:
- Cohabitation: The couple must have lived together for at least some period of time.
- Reputation: They must have held themselves out as married to the public, such as by using the same last name, filing joint tax returns, or purchasing property together.
- Intent: Both parties must have intended to be married and agreed to enter into a permanent marital relationship.
Now, couples in South Carolina who wish to be considered married must obtain a marriage license and participate in a ceremony. However, the 2019 ruling does not apply retroactively to common-law marriages established before July 24, 2019. These pre-existing common-law marriages are still considered valid and are subject to specific rules regarding their recognition and the rights of the spouses.
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Common-law marriages can be difficult to prove and may result in legal issues
In South Carolina, common-law marriage is no longer recognised after a ruling by the South Carolina Supreme Court in 2019. However, couples who were in a common-law marriage before this date can continue their relationship as legal spouses, but the state will not recognise any new common-law marriages.
Even when common-law marriages are recognised, they can be difficult to prove, and this has long caused problems for the parties involved and the courts, especially in divorce and death situations. For example, if one partner dies before a common-law marriage is established, the surviving partner must prove the marriage to inherit property or receive benefits.
Common-law marriages are typically proven by providing certain legal documents and evidence that the couple intended to be married and held themselves out as married to friends, family, and the public. For example, did they refer to each other as "partner" or "spouse" in public? Did they take the same last name? Did they purchase a home as husband and wife? Did they have joint bank accounts? Did they file taxes jointly?
However, even with these factors, it can be challenging to convince a court that a common-law marriage existed, and the length of the relationship is not always a determining factor. For example, in Texas, there is a two-year statute of limitations on court proceedings to prove a common-law marriage.
Due to the complexities of proving a common-law marriage, it is essential to consult with an attorney or a family law practice guide to understand your rights and options.
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Frequently asked questions
Yes, but only if the common-law marriage began before July 24, 2019.
The requirements for a common-law marriage in South Carolina include the intent of each party to be married to the other and a mutual understanding between the parties of their intent to be married. Other requirements include both parties being unmarried, unrelated adults of sound mind, and at least 16 years old.
Assets earned or acquired during a common-law marriage in South Carolina may be considered joint property, and a spouse is typically entitled to survivor benefits, the deceased spouse's IRAs and retirement accounts, and at least one-third of their estate.
Proving a common-law marriage in South Carolina can be difficult, and the burden of proof falls on the party claiming the existence of the marriage. Evidence that may be considered includes living together, listing each other as spouses on legal documents, and holding themselves out to the public as married.
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