South Carolina, like many other states, once recognized common-law marriages. However, South Carolina no longer recognizes common-law marriages formed after January 1, 1997. This means that couples who began living together as husband and wife after that date cannot claim common-law marriage status in the state, regardless of their length of cohabitation or other factors. This change in the law significantly impacts the rights and responsibilities of unmarried couples in the state. Understanding the implications is crucial for anyone considering or currently in a long-term relationship in South Carolina.
What Constitutes a Common-Law Marriage?
Before 1997, establishing a common-law marriage in South Carolina required meeting specific criteria. The couple had to:
- Agree to be married: This agreement, often called a "mutual agreement to marry," was central. It required a clear intent to be married, not merely living together.
- Cohabitate: The couple had to live together as husband and wife.
- Represent themselves as married: This involved publicly presenting themselves as a married couple to family, friends, and the community. This might include jointly filing taxes, using the same last name, or referring to each other as husband and wife.
It's crucial to emphasize that meeting these criteria before January 1, 1997 is the only way to establish a valid common-law marriage in South Carolina. Any relationships initiated after this date will not be recognized as common-law marriages under South Carolina law, regardless of how long the couple lived together or how strongly they presented themselves as married.
What are the Rights and Responsibilities of Common-Law Spouses (Pre-1997)?
For couples who established a common-law marriage before 1997, the rights and responsibilities are largely the same as those of formally married couples. This includes:
- Inheritance rights: Common-law spouses typically inherit from each other in the absence of a will.
- Spousal support (alimony): In a divorce, one spouse may be entitled to spousal support.
- Division of marital assets: Upon separation or divorce, marital property will be divided equitably.
- Healthcare decisions: Common-law spouses generally have the right to make healthcare decisions for each other.
What Happens if a Couple Lived Together as Husband and Wife After 1997?
If a couple began cohabitating after January 1, 1997, they are considered unmarried under South Carolina law, regardless of their beliefs or representations. This means:
- No inheritance rights automatically apply. A will is necessary to leave assets to a partner.
- No automatic spousal support.
- No automatic division of assets. A formal agreement or court order is needed to determine property rights.
- Limited healthcare decision-making power.
This situation highlights the importance of legal planning for unmarried couples living together in South Carolina.
How Can Unmarried Couples in South Carolina Protect Their Rights?
While common-law marriage is no longer an option in South Carolina, couples can still protect their interests through other legal avenues:
- Cohabitation agreements: These legally binding contracts outline financial arrangements, property ownership, and other important aspects of the relationship.
- Wills and trusts: These ensure that assets are distributed according to the couple's wishes in the event of death.
Does South Carolina Recognize Common-Law Marriages from Other States?
South Carolina recognizes valid common-law marriages formed in other states that recognize them, provided the marriage was validly formed in that other state and the couple continued to cohabitate as husband and wife. However, the mere fact that a couple was considered married in another state does not automatically make them married in South Carolina if they never resided in South Carolina as a married couple. This recognition is complex and should be reviewed with legal counsel if applicable.
What if I Believe I Have a Common-Law Marriage?
If you believe you were involved in a valid common-law marriage before 1997, it is crucial to seek legal advice from a qualified South Carolina attorney. They can help determine the validity of your claim and advise you on your legal rights and options.
This information is intended for educational purposes only and should not be considered legal advice. It is highly recommended to consult with a legal professional for specific guidance regarding your individual circumstances.
