Legal Question in Family Law in South Carolina

Common Law Marriage

I have been in a relationship for about 3 1/2 yrs. Until recently I contributed over 1/2 of our income (for about 2 1/2 years) I now have a nominal income, and its causing ''problems''. I need to understand the criteria for Com. Law Marriage, as the home that we bought is in his name only. I am on all of our business such as the mortgage, utilities, insurance, etc. as the party to speak with. Most of these assume we are married, and he has never corrected them. If this situation cannot be resolved, and I hope it can, what are my rights as the common law spouse?


Asked on 10/08/08, 3:08 pm

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Common Law Marriage

If you can prove the factors of common law marriage, then the Family Court can find that you are married and allocate the marital assets and debts. If you cannot prove those items, then you may be out of luck from a Family Court perspective. You can read an article about the elements of common law marriage at this link: http://tinyurl.com/4aw8tz

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case. If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 10/08/08, 3:25 pm


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