Common Law Marriage in South Carolina
State-specific overview · Family Law
South Carolina recognizes common law marriage if both parties are eligible, consent to marry, cohabit, and hold themselves out as married.
How South Carolina treats Common Law Marriage
South Carolina allows common law marriage when both parties intend to be married, live together as spouses, and publicly acknowledge the relationship. The state does not require a formal ceremony, license, or specific cohabitation period. Courts examine factors such as how the couple referred to each other, whether they filed joint tax returns, and community perception of their marital status. Once a valid common law marriage is established, it carries full legal weight, including spousal rights and the requirement for formal divorce.
The general definition of Common Law Marriage
A marriage created by mutual agreement and cohabitation, without a formal ceremony or license.
Common law marriage is a legal marriage that exists without a wedding ceremony or marriage license, based simply on a couple's agreement to be married and their living together as spouses. Not all states recognize it, but those that do treat common law marriages the same as formal ones for purposes of property division, inheritance, and divorce. The couple must meet specific requirements, like living together for a certain period and presenting themselves publicly as married.
Read the full Common Law Marriage entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in South Carolina.