Some couples live together for years. They share rent, raise children, and build a life. They act like they are married. But they never file papers or hold a formal ceremony. Many believe that time and love alone create legal marriage. That belief once held true in South Carolina. Now it no longer does.
The law has changed. People still feel confused. Some think they have a spouse when the law says they do not. Others miss legal rights because they wait too long to act. The truth is simple but easy to miss. You must know the facts to protect your future.
This guide explains what South Carolina allows, what it does not, and what to do if your past relationship still qualifies. It uses clear steps and easy words to help you avoid trouble. If you live in the state and share life with someone, this article can help you plan wisely.
Does South Carolina Still Allow Common Law Marriage?
The law no longer allows it. In 2019, the South Carolina Supreme Court made a clear decision. The court stopped all new common law marriages after July 24 of that year. Couples who moved in together after that date must get a license to be legally married.
The court explained that times have changed. Most couples now know how to get a marriage license. The court also said that unclear relationships cause legal fights. To reduce confusion, the court stopped future claims.
That rule only blocks new cases. It does not erase the past. If a couple formed a common law marriage before the deadline, they may still ask the court to approve it. But they must prove their case. They must show that they met the law’s old rules.
What Is a Common Law Marriage?
Two people can live as a married couple without a license or wedding. If they act like spouses and treat the relationship as a marriage, the law may accept it. Their actions not paperwork, create the legal
Under the old South Carolina rule, a couple had to:
- Agree to be married
- Live together
- Present themselves to others as husband and wife
This often meant using the same last name, sharing bank accounts, and telling others they were married. The court wanted real signs of a public, stable relationship.
The couple did not need to live together for a set number of years. Time helped, but intent mattered more. The court wanted proof that both people viewed the relationship as a true marriage, not just a long romance.
Why the Law Changed
The South Carolina Supreme Court saw a rise in confusing cases. Many couples acted married but did not agree on their legal status. Some split and claimed they were never married. Others died and left partners without protection. The court had to decide each case without clear records.
Judges faced delays, lies, and unclear facts. Families fought over money, property, and even burial rights. These problems cost time, caused pain, and harmed justice. The court decided that the law needed clarity.
The new rule gives a clean line. If a couple married after July 24, 2019, they need a license. No actions, no shared rent, and no amount of years can create marriage without it. This rule protects everyone.
What If My Relationship Started Before 2019?
You may still have a valid common law marriage. But you must prove that your relationship met the rules before the cutoff date. This can include:
- Witness statements
- Joint tax returns
- Shared property titles
- Use of the same last name
- Health insurance records
- Public posts or photos
- Legal forms that list you as spouses
The court will not guess. You must show strong, clear proof. Words alone will not win your case. If you filed taxes as single or called each other boyfriend and girlfriend, the court may rule against you.
Also, both partners must agree. One person cannot force the label on the other. The law cares about shared intent. If your partner disagrees, the court will take a closer look.
What Happens If You Prove It?
If the court agrees that you formed a common law marriage before July 24, 2019, then your marriage becomes valid. You gain all legal rights of married couples in South Carolina. That includes:
- The right to file for divorce
- The right to claim property
- The right to ask for alimony
- The right to inherit without a will
- The right to make medical choices
You must treat this ruling like any other marriage. You cannot just walk away. You must file for divorce if you want to end it. A breakup does not cancel a valid common law marriage. Only a court order can do that.
What Happens If You Fail to Prove It?
If you cannot meet the legal test, the court will rule that no marriage ever existed. That ruling can cost you. You will not have rights to property, insurance, or support. You may lose your home, your money, or even access to your children if you have no legal ties.
This happens often. One person believes they were married. The other disagrees. Without solid proof, the court cannot help. People in this situation often feel shocked. They acted like a couple, but the law does not see them as one.
This is why proof matters. And this is why action matters. If you wait too long, records can vanish. Memories fade. People change stories. Your chance may slip away without warning.
Do You Still Need a Lawyer?
Yes, if you want the court to approve a past common law marriage, legal help matters. These cases are tricky. The proof must be strong. The rules are strict. A lawyer can guide you, prepare your documents, and speak in court on your behalf.
Many lawyers offer free first meetings. They can review your case and tell you your odds. If you wait until things go wrong, it may be too late to fix them.
A lawyer can also help you gather the right facts. Not all proof carries the same weight. Tax returns, medical forms, and home titles may speak louder than words or photos. A lawyer knows what the court will respect.
Is There Any Risk in Filing?
Yes. If the court rules against you, you may not be able to try again. That failure may block other claims. Also, some people do not want a legal marriage. They may fear child support or property loss.
You must weigh the risks and the rewards. Think about what you gain. Think about what you could lose. A lawyer can help you sort that out. Do not act on guesswork. Learn the law before you speak.
What You Can Do Now
If your relationship started before July 2019, and you believe it counted as a marriage, start gathering proof now. Save records. Write down your story. Look for old leases, bills, or messages that show how you lived.
Talk to your partner. Do they agree? If not, your case may face a harder path. The court needs agreement, not conflict. If your partner agrees, you may have a strong case.
If your relationship started after July 24, 2019, and you want full legal rights, get a marriage license. It is the only way. The law will not recognize you as married without one.
South Carolina Marriage Myths
Many people still believe old rules. Some think living together means you are married. Others believe that love or time creates legal rights. These ideas sound simple, but they cause harm.
Myth: Seven years makes you married.
Truth: South Carolina never had a time rule. Intent and public behavior mattered more.
Myth: A court will accept your word.
Truth: Courts need proof. They do not accept stories without records.
Myth: You can act married and skip the paperwork.
Truth: Since 2019, you must have a license. No other path works now.
Myth: Divorce is only for licensed marriages.
Truth: If your common law marriage was valid, you must file for divorce to end it.
Related Reading: Common Law in Tennessee – Learn how Tennessee handles common law marriage and how it compares to South Carolina.
Bottom Line
South Carolina used to allow common law marriage. That ended in 2019. Now, only past relationships may qualify. But the proof must be clear. You must act fast, ask the right questions, and prepare your case.
Do not trust myths. Do not guess about your rights. The law now draws a hard line. If you live with someone and share life as partners, get clear on where you stand. Do not risk your future on feelings alone.
If you believe you had a valid common law marriage, talk to a lawyer. If you want legal rights in the future, get a license. That step takes minutes. It can save years of legal pain.
People Also Ask
Q. Is common law marriage still legal in South Carolina?
South Carolina stopped new common law marriages after July 24, 2019. Couples who began their relationship later must get a marriage license. Some earlier relationships may still count if they meet the court’s standards.
Q. What do I need to prove a past common law marriage?
The court needs real proof. You can show joint tax forms, shared home titles, or records where both names appear. The judge looks for signs that you lived as a married couple and told others you were married.
Q. Do I need a divorce if the court accepts the marriage?
A valid common law marriage is treated like any other legal marriage. You must file for divorce to end it. Leaving without legal action does not break the marriage.
Q. Can living together for years make us married under South Carolina law?
Time is not enough. The court checks your actions and your intent. After 2019, no couple can form a legal marriage without a license, no matter how long they live together.
Disclaimer
This article provides general legal information for educational use. It does not give legal advice. Laws may change. Speak to a licensed South Carolina attorney for help with your specific case.
