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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33375
Experience:  Began practicing law in 1992
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Would we be considered a Common Law couple if we have lived

Customer Question

Would we be considered a Common Law couple if we have lived together for 14 years, both our names are ***** ***** Deed, we introduce ourselves as husband and wife, both names are ***** ***** documents, etc. my
Common Law husband just passed away 2 weeks ago. I keep getting conflicting answers. Thank you
Submitted: 11 months ago.
Category: Legal
Expert:  Dwayne B. replied 11 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

What state is this in?

Customer: replied 11 months ago.
South Carolina
Expert:  Dwayne B. replied 11 months ago.

There are a number of requirements for a common law marriage in SC. The parties must have lived together to be married at common law. Further, they must have a reputation for being married during this period of cohabitation. That is they must both have held themselves out as husband and wife. If only one party to the relationship holds him or herself out as married there is no marriage.

You will want to hire a lawyer and file with the court to have the marriage declared as a legal common law marriage. You can do this in a separate proceeding in the family court or file it as a part of the probate court.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.