Common Law Marriage - South Carolina

South Carolina recognizes common law marriage, and their common law marriage requirements are stated below.

However, if you are living together, at a minimum you must have a cohabitation agreement, which you could draft yourself with easy-to-use software like that offered by Standard Legal .

South Carolina Law

In South Carolina, a common-law marriage comes into existence if: the parties intend to enter into a marriage contract; "It is essential to a common law marriage that there shall be a mutual agreement between the parties to assume toward each other the relation of husband and wife. Cohabitation without such an agreement does not constitute marriage." Also, the common law marriage "depends upon facts and circumstances evidencing a mutual agreement to live together as husband and wife, and not in concubinage . . . A valid common-law marriage requires that the facts and circumstances show an intention on the part of both parties to enter into a marriage contract." (Barker v. Barker, 330 S.C. 361 (1998)).

For the long term, couples living together should consider a Living Will, Living Trust or simple Will. You don’t have to hire an attorney if you’re the average American. There are attorney-supervised services, such as Legal Zoom, who will prepare these more complex documents for you, and you can save up to 85% from regular attorney’s fees.

Common law marriage is still recognized in the following states and Washington D.C.:

(Click on any link to see the common law requirements for that state.)