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Attorney & Mediator
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Category: Family Law
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Experience:  Attorney & Certified Mediator
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I believe we are common law married in South Carolina, having

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I believe we are common law married in South Carolina, having lived together almost 15 months. "He" lost control of his nasty temper. Last night I received evection papers, signed by his son who is the trustee of an iverrocable trust and does not reside here. The reason to evict stated "not getting along". I'm wondering if this case belongs in Family Court and what are my rights. I have little income since I am disabled and no where to go. I hope you can help me.
Submitted: 7 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 7 years ago.
Unless you and your common law spouse were tenants of the property, the son cannot evict you without violations of the landlord tenant laws such as nonpayment of rent, commission of criminal offenses on the premises to name a few. "Not getting alone" is not good grounds for an eviction. If the purpose was for your spouse to remove you from the premises then I would agree with you that this would have to be done through family court through a filing for divorce or separation, if there is support for a common law marriage. Even if there is no support for such a relationship, the eviction would have to be based on showing that you were a tenant and you violated the terms of the lease.

I would file an answer to his complaint and request dismissal for failure to state a claim that is supported by the landlord tenant laws.


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