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Common Law Marriage South Carolina

Common Law Marriage South Carolina

Common Law Marriage South Carolina: Understanding the Legalities and Benefits

In South Carolina, many people believe that living together for a certain amount of time constitutes a common law marriage. However, this is not entirely true. While common law marriage is recognized in some states, South Carolina is not one of them. Couples who live together in this state are not legally married even if they have cohabitated for many years. This article will discuss the legalities of common law marriage in South Carolina and the benefits of being legally married.

What is Common Law Marriage?

Common law marriage, also known as informal marriage or marriage without registration, is a legal term used to describe a marriage that is recognized by the law without the couple obtaining a marriage license or having a formal wedding ceremony. In common law marriage, the couple is considered to be married because they have lived together as husband and wife for a certain period of time, usually seven years. During this time, they have held themselves out to the public as being married, and they have been in a constant, uninterrupted cohabitation.

While some states recognize common law marriage, South Carolina does not. This means that if you and your partner have lived together for many years but have not obtained a marriage license or had a formal wedding ceremony, you are not considered legally married in the state of South Carolina.

What Does South Carolina Law Say about Common Law Marriage?

According to South Carolina law, there are certain requirements that must be met to be considered legally married. These requirements include:

1. Obtaining a marriage license from the county clerk’s office.

2. Having a formal wedding ceremony that is officiated by an authorized person, such as a religious leader or a judge.

3. Signing the marriage license and having it filed with the county clerk’s office.

If these requirements are not met, the couple is not considered legally married in South Carolina. Even if they have lived together for many years and have held themselves out to the public as being married, South Carolina does not recognize common law marriage.

However, if the couple has moved to South Carolina from a state that recognizes common law marriage, they may be considered legally married under the laws of that state. It is always best to check with an attorney to determine whether the couple’s common law marriage from another state is recognized in South Carolina.

Common Law Marriage in Other States

While South Carolina does not recognize common law marriage, there are other states that do. These states include:

1. Colorado

2. Iowa

3. Kansas

4. Montana

5. New Hampshire

6. Oklahoma

7. Rhode Island

8. South Dakota

9. Texas

10. Utah

11. District of Columbia

In these states, the requirements for common law marriage may vary, but the general rule is that the couple must have lived together for a certain period of time, usually seven years. They must also have held themselves out to the public as being married and have been in a constant, uninterrupted cohabitation.

Benefits of Being Legally Married

In South Carolina, as in most other states, there are a number of legal benefits that come with being legally married. These benefits include:

1. Inheritance rights: If one spouse dies without a will, the surviving spouse has a legal claim to the deceased spouse’s property, assets, and estate.

2. Medical decisions: If one spouse becomes incapacitated or unable to make medical decisions, the other spouse has the legal right to make these decisions on their behalf.

3. Health insurance: If one spouse has health insurance coverage through their employer, they may be able to add their spouse and children to the policy if they are legally married.

4. Tax benefits: Married couples may be able to file joint tax returns, which can result in lower tax liability and more tax deductions.

5. Property rights: When a married couple buys property together, they both have legal rights to the property. If they divorce, they may be entitled to a portion of the property’s value.

6. Child custody and support: If a couple has children together, being legally married can provide both parents with legal rights to custody and support.

7. Social Security benefits: If a spouse dies, the surviving spouse may be entitled to Social Security benefits based on the deceased spouse’s work history.

Conclusion

While common law marriage is not recognized in South Carolina, there are many legal benefits that come with being legally married. While it may be possible to obtain some of these benefits through legal documents such as wills, powers of attorney, and healthcare directives, it is always best to consult with an experienced attorney to ensure that you have the legal protections you need.


A brief guide to common law marriage in South Carolina

Until January 2011, South Carolina used to be one of only ten states which recognized common-law marriages.

While most married couples choose to obtain a license from the state to make sure their relationship is recorded, common-law marriages in South Carolina were not formally documented.

Two qualifications had to be met in order for such a relationship to be recognized by the court.

However, South Carolina’s common law marriage has an exception if it existed as of December 31, 2010, and be able to repeal section 201360 relating to the validity of a marriage contracted without a marriage license.

Spouses were considered to be involved in a common-law marriage in South Carolina provided that:

• They consider themselves to be married and both spouses present themselves in such a fashion to friends and family

• Two spouses are eligible to be married. For example, since underage children cannot be legally married in the state, they may not enter into common-law marriages in South Carolina.

This last requirement has many implications. For example, two people who are legally married others are not involved in a common-law marriage in South Carolina even if they represent themselves to others as husband and wife.

Even if they are divorced from their partners at a later time, this will not mean that their past cohabitation qualifies them for this kind of status. South Carolina law on marriage requires both spouses to affirm their new relationship after they have separated from previous partners.

There are many ways in which such a relationship can be established. People who are involved in a common-law marriage in South Carolina may take their partner’s last name as their own, file joint tax returns, and otherwise establish their relationship.

This kind of proof will be crucial if spouses decide to divorce. Ending common-law marriages in South Carolina through the legal system can be difficult if it cannot be established that a couple was involved in this kind of relationship.

When seeking this kind of divorce, establishing that such a relationship existed will be a necessary prerequisite to petitioning for alimony payments, arranging child custody, and managing other such issues.

Witnesses may be called in to testify that both partners presented themselves as being partners in a common-law marriage in South Carolina. Furthermore, someone who enters into this kind of relationship cannot enter into another similar partnership without formally divorcing. Failure to legally terminate common-law marriages in South Carolina can be grounds for charges of bigamy.

It is important for any spouses involved in such a relationship to create a will documenting their wishes regarding the division of their property in the event of their death.

This will help to ensure that if you wish for your partner in a common-law marriage in South Carolina to receive part or all of your estate they will be legally entitled to do so. Failure to take this step may require your spouse to go to probate court to establish their claim to your assets.

This will require an heir to establish that their common law marriage in South Carolina was legally valid.