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Question about criteria for common law marriage in SC.

Greenville, SC |
Filed under: Marriage and prenups

If I didn't own property or file a joint tax return or have a joint bank account with my significant other of 4 years and we did however put ourselves out as a married couple and lived together and had the same last name, are we common law married?

Also all of the monies earned from the business in his name I ran went into his bank account, so we shared finances for 4 years. He has now moved out and wants to marry someone else and for legal purposes I/we need to know. Thanks.

Attorney Answers 1

  1. There is no requirement there be any documentation or any ceremony to create a common law marriage. What is required is evidence of an actual and mutual agreement to live together publically as husband and wife. If you two lived together, held yourselves out as married and mutually agreed to in fact be married, then that would be enough to create a common law marriage.

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