Common Law Marriage in South Carolina: Legal Requirements and Exceptions

For many years, South Carolina was one of the few U.S. states that allowed common law marriage—a legal union between two people who lived together and presented themselves as married, without a marriage license or formal ceremony. However, South Carolina law changed in 2019, and common law marriage is no longer allowed moving forward.

If you’re living with a partner in South Carolina or recently moved to the state, this guide will explain what the current law says, which exceptions apply, and how to protect your rights in 2025.

What Is Common Law Marriage?

Common law marriage occurs when a couple lives together and is recognized as legally married without having gone through the formal steps of marriage (like obtaining a license or holding a ceremony). Traditionally, the requirements include:

• Living together for a significant period
• Presenting yourselves to others as a married couple
• Intending to be married

Until 2019, South Carolina recognized such relationships—but the law has now changed.

Does South Carolina Allow Common Law Marriage?

No. As of July 24, 2019, South Carolina no longer recognizes new common law marriages. This change came after a South Carolina Supreme Court ruling in the case of Stone v. Thompson, which stated that the doctrine of common law marriage would no longer be valid for relationships formed after that date.

What About Relationships Formed Before 2019?

Common law marriages formed in South Carolina before July 24, 2019 are still recognized. If you and your partner met the requirements before that date, you may still be legally married under common law—but you may need to prove it.

To establish a valid common law marriage prior to 2019, you must show:

• Cohabitation as a couple
• Mutual intent to be married
• Representation to others (friends, family, community) that you were married

Courts in South Carolina often look for:

• Joint tax filings
• Shared bank accounts or leases
• Testimony from friends or neighbors

If proven, your relationship may carry all the same legal rights and responsibilities as a traditional marriage.

Why the Law Changed

The South Carolina Supreme Court determined in Stone v. Thompson that the idea of marriage should involve clear, mutual intent and legal documentation, given the complications common law marriages often created in legal proceedings such as divorce or inheritance.

Legal Protections for Unmarried Couples in South Carolina

For couples who live together but are not married—either by license or common law—you do not receive automatic legal protections like married couples. But you can still protect your relationship through legal tools such as:

1. Cohabitation Agreements

Outline property ownership, financial responsibilities, and terms for separation in a private contract.

2. Healthcare and Financial Power of Attorney

Designate your partner to make medical or financial decisions if you’re unable to do so.

3. Estate Planning

Create wills and beneficiary designations to ensure property goes to your partner in the event of death.

4. Joint Ownership Documents

Own real estate, vehicles, or bank accounts together to establish shared rights.

Final Thoughts

If you’re in a long-term relationship in South Carolina and aren’t legally married, it’s important to understand your legal standing. While the state no longer permits new common law marriages, couples who formed such a relationship before mid-2019 may still qualify—if they can prove it.

When in doubt, consult with a family law attorney in South Carolina to confirm your status or draft documents to protect your relationship and future.

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