South Carolina does not recognize common-law marriage. This means that simply living together and presenting yourselves as husband and wife is not legally sufficient to establish a marriage in the state. Many people mistakenly believe that cohabitation for a certain period automatically constitutes a common-law marriage, but this is a misconception. To be legally married in South Carolina, you must obtain a marriage license and have a legally recognized ceremony.
This lack of common-law marriage recognition has significant legal ramifications, affecting everything from inheritance rights and tax benefits to healthcare decisions and property division in the event of separation or death. Let's explore some frequently asked questions surrounding this issue:
What Constitutes a Legal Marriage in South Carolina?
A legal marriage in South Carolina requires compliance with state laws. This involves:
- Obtaining a Marriage License: Couples must apply for and receive a marriage license from the Probate Court in the county where one of the parties resides.
- Performing a Ceremony: The marriage license must then be presented to an authorized officiant, such as a judge, minister, or other legally recognized official, who will perform the wedding ceremony.
- Filing the Marriage License: The officiant must complete and return the marriage license to the Probate Court.
Failure to follow these steps means that a couple is not legally married in South Carolina, regardless of how long they have lived together or how they represent their relationship.
What Happens if a Couple Believes They Are Common-Law Married in South Carolina?
If a couple believes they are common-law married in South Carolina but have not obtained a marriage license and had a ceremony, they are not legally married. This can have significant consequences, including:
- Inheritance Issues: One partner may not inherit the other's property upon death unless specifically named in a will.
- Tax Implications: The couple will not receive the tax benefits afforded to legally married couples.
- Healthcare Decisions: One partner may not have the legal right to make healthcare decisions for the other.
- Property Rights: In the event of separation or divorce (though technically, there is no divorce without a legal marriage), property division will be determined differently than for legally married couples.
Are There Any Exceptions to the Rule?
There are no exceptions to the rule that South Carolina does not recognize common-law marriages. Previous relationships or claims of common-law marriage from other states are not recognized in South Carolina. The state strictly adheres to the requirement of obtaining a marriage license and performing a legally recognized ceremony.
What if I Lived With My Partner for Many Years and We Held Ourselves Out as Married?
The length of time you lived together and how you represented yourselves to others is irrelevant in South Carolina. The only way to be legally married is by obtaining a marriage license and having a ceremony performed by an authorized officiant. Your actions and beliefs do not change the legal requirements for marriage in the state.
Can I Change My Status to Legally Married in South Carolina?
If you and your partner wish to be legally married, you must obtain a marriage license and have a wedding ceremony performed as described above. Simply declaring yourselves married or attempting to retroactively apply common-law marriage principles will not change your legal status.
How Can I Protect My Rights and Assets Without a Legal Marriage?
While common-law marriage isn't recognized, there are ways to protect your rights and assets:
- Cohabitation Agreements: These legally binding agreements define property ownership, financial responsibilities, and other important aspects of your relationship.
- Wills and Trusts: These legal documents can specify how your assets will be distributed upon your death.
- Power of Attorney: This document designates someone to make legal and financial decisions on your behalf if you become incapacitated.
Consult with an attorney to understand the best options for protecting your legal rights and assets within the context of your relationship.
This information is for general guidance only and does not constitute legal advice. For specific legal advice regarding marriage and related matters in South Carolina, it is crucial to consult with a qualified attorney.
