How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Attorney & Mediator Your Own Ques...
Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
Type Your Family Law Question Here...
Attorney & Mediator is online now
A new question is answered every 9 seconds

I believe we are common law married in South Carolina, having

Resolved Question:

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: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 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.


Please Note: My question is limited to your facts presented and additional information you post may not come in after my answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. Thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Attorney & Mediator and 7 other Family Law Specialists are ready to help you

Related Family Law Questions