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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...

I'm just trying to figure out how my boyfriend and I claim a common law marriage in sc

Lawyer's Assistant: The Lawyer will need to help you with this. Have you consulted a lawyer yet?

No

Lawyer's Assistant: 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.

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

Lawyer's Assistant: OK. The Lawyer will need to help you with this. Is there anything else the Lawyer should be aware of?

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

Submitted: 2 years ago.Category: Family Law
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Answered in 7 minutes by:
3/8/2016
Family Lawyer: Lucy, Esq., Lawyer replied 2 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,268
Experience: Attorney with experience in family law.
Verified

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.

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.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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