Legal Question in Family Law in South Carolina
common law marriage in sc
Please tell me the legalities of a common law marriage. We own a home together- well, the loan is in his name alone but directly after the purchase of the home he legally gave me 1/2 ownership. If something were to happen to him (death) where do I stand with the home. I am not his benificiary his 12 year old son and his parents are. We have lived together for 8 years, 7 of them in SC.
1 Answer from Attorneys
Re: common law marriage in sc
Common law marriage issues are very fact specific, and they can vary from state to state. With regard to the house, if you are listed on the title/deed as half-owner, then you have a one-half interest in the house. If he dies, then his half interest will be determined by how his Will is drafted, with the exception being a spousal elective share (if you are his spouse).
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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