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 Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29986
Experience:  Attorney with experience in family law.
Type Your Family Law Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

I'm just trying to figure out how my boyfriend and I claim a

Customer Question

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
JA: OK. Got it. I'm sending you to a secure page on JustAnswer where you can place your fully refundable $5 deposit (plus $31 after the Lawyer responds). While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.


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.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Related Family Law Questions