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Tina
Tina, Lawyer
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Experience:  JD, BBA Over 25 years legal and business experience.
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I would like to know if Im common law married. I live in south

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I would like to know if I'm common law married. I live in south carolina and have lived with my boyfriend for 6 yrs. we call each other husband and wife and several of our friends know no different. We a a joint bank account and split all of our bills down the middle??? He does not want to ever get married but I do, so are we already married??
Submitted: 3 years ago via SpeedingTicketCentral.
Category: Legal
Expert:  Tina replied 3 years ago.
Thank you for contacting Justanswer.com.

This requires a fact intensive analysis typically. While courts often require that you hold yourselves out to the world as husband and wife, including filing joint taxes as a married couple, there are SC cases that have held a common law marriage existed without such conduct.

One common misconception is that the parties have to live together for seven years. That is absolutely not true. A South Carolina marriage can be formed in as little as one night. A common law marriage was found where evidence showed that the parties lived together for two years, listed themselves as husband and wife in the telephone directory and on insurance and income tax forms. Although both parties to the marriage testified that they did not live together as husband and wife, the court still held that a common law marriage existed. Jeanes v. Jeanes, 255 S.C. 161, 177 S.E.2d 537 (S.C. 1970)

See the following link for more information:

http://www.south-carolina-divorce.com/common-law.html

Since you call each other husband and wife and friends know no differently, there is a very good chance a SC court would find that a common law marriage has been established.

All the best to you.

Tina

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Tina, Lawyer
Category: Legal
Satisfied Customers: 32237
Experience: JD, BBA Over 25 years legal and business experience.
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