An End to Common Law Marriage in South Carolina
For decades, South Carolina was one of the few states that recognized common law marriage—a legal status allowing couples to be considered married without a traditional ceremony or official license.
However, in 2019, the state’s Supreme Court decided that no new common law marriages could form after that point. This shift created both relief and confusion for many couples. Below is a summary of what common law marriage was, why South Carolina ended it, and what it means for people living there now.
What Is Common Law Marriage?
A common law marriage happens when a couple presents themselves as married—even if they never had a formal ceremony or marriage license. They usually live together for a long time, share finances, and introduce each other as spouses to family or friends. In states that recognize common law marriage, such couples generally have the same legal rights and obligations as any married pair.
For instance, a couple under common law marriage might:
- Own property together as spouses
- File taxes jointly
- Have inheritance rights if one dies without a will
However, once a state no longer allows new common law marriages, you can’t create that marital status just by living together and acting like spouses. If you are unsure as to whether you are in a valid common law marriage, it’s best to reach out to an experienced attorney for assistance.
South Carolina’s 2019 Decision
In 2019, the South Carolina Supreme Court ended the practice of forming new common law marriages. The court said it caused confusion for both couples and the court system since it was often tough to prove exactly when or if a common law marriage began. This confusion could lead to lengthy legal fights over property, alimony, and other marriage-related topics.
The ruling did not erase any common law marriages formed in South Carolina before 2019. Those older relationships might still be recognized if the couple meets certain criteria, such as having lived together and referred to each other as husband and wife for years. However, couples cannot begin a new common law marriage after the date of that ruling.
What if You Were in a Common Law Marriage Before 2019?
Couples who believe they formed a common law marriage before the 2019 cutoff can still try to prove it if a dispute arises. This might happen during a breakup or if one partner dies and the other claims inheritance rights as a spouse. Showing the existence of a common law marriage might involve:
- Testimonies from friends or family stating you presented yourselves as married
- Shared bank accounts, bills, or tax returns
- Property deeds listing you both as spouses
Courts may examine these details to decide if the couple had indeed established a common law marriage before the practice ended.
Contact An Experienced Family Law Attorney at Minor Law Divorce Lawyers Can Help. Contact Us at (803) 504-0971
Even though South Carolina no longer allows new common-law marriages, legal questions can still arise for people who lived under such an arrangement before 2019. You might need professional advice if you’re unsure about your marital status or have a dispute involving property or spousal rights.
Don’t wait to seek legal guidance if you’re dealing with complicated relationship or property concerns related to South Carolina’s shift away from common law marriage. Contact an experienced divorce lawyer today to learn about your legal rights and how you can move forward effectively.
To learn more and get the help you deserve, don’t hesitate to get in touch with a family law lawyer at Minor Law Divorce Lawyers in Rock Hill, SC or contact us online today.
We proudly serve throughout York County.
Minor Law Divorce Lawyers
1273 Ebenezer Rd, Suite B,
Rock Hill, SC 29732
(803) 504-0971
