Greer, SC asked in Family Law and Landlord - Tenant for South Carolina

Q: I have a very disturbing common law marriage question as well as one about residing in our home.

Spent 12 years with someone who always referred to me as his wife.. even a judge in the courtroom. I claimed him on my taxes over the years, and we have purchased things such as auto insurance, healthcare, etc as husband and wife. On July 4, 2017 he ran off an married another woman, who I did not know existed. What do I need to do to prove that that so called marriage is not legal? Also, the home I live in is his and mine; acquired during our time together. However, it is located on his family's property and he is threatening to throw me out. His family has been here since before he was born and they are friends with not only the Sheriff, but a number of judges as well and they are threatening to use their relationship with these people to have me thrown out and in their word, "ensure I get nothing and have nothing". I need some serious help.

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1 Lawyer Answer
Cheryl Ann Truesdale
Cheryl Ann Truesdale
  • Greenville, SC
  • Licensed in South Carolina

A: You would have to file for divorce and establish common law marriage as part of that case in family court. If the court finds that you are common law married, you can be granted a divorce and a division of any assets determined to be marital. You will need a lawyer to accomplish this. I suggest you first get an in-office consultation with a lawyer to get advice as to the likelihood of success, based on the facts of your case, and proceed based on advice received.

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