If you've been living with your partner for a long time, you might be asking yourself is common law marriage recognized in SC and what that means for your future together. For decades, South Carolina was one of the few states where you could technically be married without ever stepping foot in a courthouse or saying "I do" in front of an officiant. But things changed pretty drastically a few years ago, and if you're currently in a long-term relationship, the rules today might surprise you.
To give you the short answer right off the bat: common law marriage was officially abolished in South Carolina in 2019. However, like most things in the legal world, there's a big "but" attached to that statement. If you were already considered common law married before that ruling, the state still recognizes your union.
Let's dive into the details of how this works, why the law changed, and what you need to know if you're trying to figure out your marital status in the Palmetto State.
The big 2019 shift: Stone v. Thompson
For a long time, South Carolina was famous (or maybe infamous, depending on who you ask) for its stance on common law marriage. You didn't need a license or a ceremony; you just needed to intend to be married and live like you were. But in July 2019, the South Carolina Supreme Court decided they'd had enough of the confusion.
In a case called Stone v. Thompson, the court ruled that from that point forward, no new common law marriages could be created in the state. The justices basically argued that the law was outdated and caused way too much drama in the court system. It's hard to settle estates or divide property when no one can agree on whether a couple was actually "married" or just roommates who shared a Netflix account.
So, if you started living with someone after July 24, 2019, you cannot be common law married in South Carolina. Period. If you want the legal benefits of marriage now, you've got to go the traditional route and get a marriage license.
What if we lived together before 2019?
This is where the "grandfather clause" comes into play. The court didn't want to suddenly invalidate thousands of existing relationships, so they made it clear that any common law marriage established before the 2019 ruling is still valid.
If you and your partner met the requirements for a common law marriage prior to July 24, 2019, the state still sees you as legally married today. This is huge for things like inheritance, social security benefits, and health insurance. But here's the catch: you might have to prove it. Since there's no piece of paper at the courthouse with your names on it, the burden of proof falls on you to show that you actually had a common law marriage back then.
Debunking the seven-year myth
One of the biggest misconceptions people have is the "seven-year rule." You've probably heard someone say, "If you live together for seven years, you're automatically common law married."
To be blunt: that is completely false. It has never been the law in South Carolina, and it isn't the law anywhere else in the U.S. either.
In South Carolina, it didn't matter if you lived together for seven months or seventeen years. Time alone didn't make a marriage. Instead, it was all about intent. Both people had to intend to be married and act as if they were. You could live together for thirty years and never be common law married if you both considered yourselves "just living together." On the flip side, a couple could have been considered married after just a few weeks if they met all the criteria.
What were the requirements for a pre-2019 marriage?
Since some people are still trying to prove their status for legal reasons, it's worth looking at what the state used to require. To be recognized as common law married before the 2019 cutoff, you generally had to meet these three benchmarks:
- Mutual Intent: Both partners had to agree that they were married. It couldn't be one person wanting it and the other just going along with the flow.
- Cohabitation: You had to actually live together. You couldn't be common law married while living in separate houses across town.
- "Holding Out" to the Public: This is the big one. You had to act like a married couple in public.
What does "holding out" look like? It means you didn't just tell each other you were married; you told the world. Maybe you filed joint tax returns, or you introduced your partner as "my husband" or "my wife" at parties. Maybe you shared a last name or listed each other as spouses on insurance forms and emergency contact sheets. If you told everyone you were single just to get a better deal on something, but then claimed to be married for other reasons, a judge would probably say you weren't actually in a common law marriage.
Why did the state stop recognizing it?
You might wonder why South Carolina bothered changing a law that had been on the books for centuries. Honestly, it mostly came down to how messy things got when a relationship ended.
When a couple with a marriage license gets a divorce, the date of the marriage is clear. When a common law couple breaks up, one person might claim they were married (to get alimony or a share of the house) while the other person claims they were just boyfriend and girlfriend. Judges were getting tired of trying to guess who was telling the truth based on old Christmas cards and Facebook posts.
By requiring a license, the state made everything black and white. You're either married or you're not. It saves the court time and, frankly, it saves the people involved a lot of money in legal fees.
There's no such thing as a "common law divorce"
This is a point that trips a lot of people up. If the state recognizes you as being common law married (from before 2019), you are legally married. That means you can't just pack your bags and move out if you want to end things.
If you are in a common law marriage and want to split up, you have to go through a formal divorce process just like anyone else. You'll have to deal with property division, alimony, and child custody through the Family Court. You can't just decide you aren't married anymore because you didn't have a ceremony. If you try to marry someone else without getting a formal divorce from your common law spouse, you could technically be committing bigamy. It's a serious legal tangle that's best avoided.
What about moving to SC from another state?
If you were common law married in a state that still recognizes it (like Colorado or Iowa) and then you move to South Carolina, you're usually still considered married. The "Full Faith and Credit" clause of the U.S. Constitution generally means that states have to recognize legal marriages from other states.
However, don't just assume everything is fine. If you're moving and you rely on your partner for things like health insurance or military benefits, it's a good idea to talk to a professional to make sure your status carries over without any hiccups.
Wrapping it up
So, is common law marriage recognized in SC? Yes, but only if it started before July 24, 2019. If you've started your relationship since then, the state doesn't care how long you've lived together or how many times you call each other "hubby" or "wifey"—you aren't legally married in the eyes of South Carolina law.
If you're currently in a long-term partnership and you want the protections that come with marriage—like inheriting property without a will or making medical decisions for each other—it's probably time to head down to the probate court and get a license. It might not feel as "romantic" as the old common law way, but it certainly makes life a lot easier if things ever get complicated.
If you think you might fall into that "grandfathered" category and you're worried about your rights, it's always a smart move to chat with a family law attorney. They can help you look at your history and figure out if you have enough evidence to prove your marriage exists. Better to know for sure now than to find out the hard way later!