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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27621
Experience:  Attorney with experience in family law.
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I'm just trying to figure out how my boyfriend and I claim a

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I'm just trying to figure out how my boyfriend and I claim a common law marriage in sc
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: We have been living together for 3 years, we are older, and I would like for him and his kids to have the benefits I have
JA: OK. The Lawyer will need to help you with this. Is there anything else the Lawyer should be aware of?
Customer: they can do that in SC if we are common law married, but I don't know if there is a form that we need to fill out
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Submitted: 9 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 9 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Contrary to popular belief, common law marriage has nothing to do with how long two people live together - a common law marriage can be entered on the day people begin to cohabitate, and it's also possible to cohabitate for 50 years without becoming married. A common law marriage is created when two people share an intent to be a married a couple and hold themselves out to the community as married. The two of you need to agree that you want to be married. If you meet that requirement, talk to your employer about what information they need to prove a common law marriage. Things they want to see might include joint tax returns, insurance policies naming the other person as a spousal beneficiary, and a sworn affidavit that the two of you have entered a common law marriage (signed by both of you under penalty of perjury). It's up to the insurance company to decide what they will accept.

A specific form is only required if you want to go to the courthouse and get a marriage license. One of the benefits of that is, then you have documented proof. That could make things easier on your husband or his children in the event that you pass away. For example, your spouse would automatically inherit without having to find additional evidence that you're married.

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