Family Attorney in South Carolina: Practical Guide to Domestic Partnership Dissolution and Your Legal Rights

Understanding Domestic Partnerships in South Carolina

South Carolina does not legally recognize domestic partnerships or civil unions in the same way some other states do. This means that there are no state-level laws providing explicit rights and responsibilities to unmarried couples who live together, regardless of the length of their relationship. However, the lack of formal recognition doesn't mean such relationships are without legal implications. Couples may establish certain rights and responsibilities through contracts, property ownership arrangements, and estate planning documents.

Key Takeaway: 💔 South Carolina does not recognize domestic partnerships as a legal status, so couples need to be proactive in protecting their interests.

Navigating a Relationship Dissolution Without Legal Recognition

Because South Carolina doesn't offer the same protections as states with formal domestic partnership laws, dissolving a cohabitating relationship can be complicated. Unlike a divorce, there's no streamlined legal process for dividing property or determining support. The process will likely involve contract law, property law, and possibly equitable remedies.

Property Division: Untangling Shared Assets

Property division is often the most contentious aspect of dissolving a relationship where no marriage exists. Here's how it typically works in South Carolina:

• 🏠 Jointly Owned Property: If property (like a house or car) is owned jointly, both parties have equal rights to it. The property will usually need to be sold, and the proceeds split according to the ownership agreement.
• 📝 Individually Owned Property: Property owned solely in one person's name is generally considered their separate property. Proving co-mingling or contributions to improve or maintain separate property can be complex.
• 💰 Commingled Assets: If assets were kept separate initially but later mixed (e.g., one person's income was used to pay the mortgage on the other person's house), determining ownership can become challenging. Evidence like bank statements and financial records will be crucial.
• 📜 Contractual Agreements: If the couple had a written agreement (cohabitation agreement, partnership agreement, etc.) outlining how property should be divided, a South Carolina court will likely enforce that agreement.

Important Consideration: If you've contributed significantly to property owned solely by your partner (e.g., making mortgage payments or renovations), you may have grounds to seek compensation based on equitable principles, even without a written agreement. Consult with an attorney to evaluate your options.

Equitable Remedies in South Carolina

In situations where there is no written agreement, but one partner has demonstrably benefited from the contributions of the other, a South Carolina court might apply equitable remedies. These are legal doctrines designed to achieve fairness when strict application of the law would lead to unjust results. Common equitable remedies include:

• ⚖️ Constructive Trust: A court can impose a constructive trust on property if one partner obtained it unfairly at the expense of the other. This essentially means the court treats the property as if it were held in trust for the benefit of the wronged partner.
• 🙋 Unjust Enrichment: If one partner received a benefit from the other without providing fair compensation, the court might order them to repay the value of that benefit to prevent unjust enrichment.
• 🤝 Quantum Meruit: This remedy applies when one partner provided services to the other (e.g., homemaking, caregiving, or assisting in a business) with the expectation of being compensated. The court can award the reasonable value of those services.

Example: Sarah lived with John for 10 years. During that time, she quit her job to care for John's children from a previous marriage and managed his business finances. John never paid her a salary. Upon dissolution, Sarah could potentially pursue a claim for quantum meruit to recover the value of her services.

Spousal Support (Alimony) Considerations

💔 In South Carolina, alimony is typically only available in cases of legal marriage. Because domestic partnerships are not recognized, neither partner is legally entitled to alimony or spousal support upon dissolution. However, as with property division, the concept of "palimony" might be argued in certain circumstances based on contract or equitable principles.

Palimony: This is a term referring to support payments based on an implied or express agreement between unmarried cohabitants, similar to alimony. While not explicitly recognized in South Carolina statutes, a court may consider evidence of an agreement for support, even if informal, when deciding equitable claims.

Caution: Establishing a claim for palimony is extremely difficult in South Carolina. You'll need compelling evidence of an agreement or understanding that you would be supported financially.

Child Custody and Support

Children born during a cohabitating relationship have the same legal rights as children born to married parents. Therefore, child custody and support are determined according to the same legal standards applied in divorce cases.

• 👪 Custody: South Carolina courts prioritize the best interests of the child when determining custody arrangements. Factors considered include the child's wishes (if of sufficient age and maturity), each parent's ability to provide a stable and nurturing environment, and the child's relationship with each parent.
• 💰 Child Support: Child support is calculated using the South Carolina Child Support Guidelines. These guidelines consider each parent's income, childcare costs, health insurance expenses, and other relevant factors. The non-custodial parent typically pays support to the custodial parent.
• 📜 Paternity: If paternity has not been legally established, it may be necessary to initiate a paternity action to determine the child's legal father. This can be done through genetic testing.

Strategies for Protecting Your Rights

Given the lack of legal protections for unmarried cohabitants in South Carolina, proactive planning is essential. Here are some strategies to consider:

• 📝 Cohabitation Agreement: This is a written contract that outlines your and your partner's rights and responsibilities during the relationship and what happens if you separate. It can address property division, financial support, and other important issues.
• 📃 Property Agreements: Clearly define ownership of real estate, vehicles, and other assets. Consider using joint tenancy with right of survivorship, tenancy in common, or other ownership structures to reflect your intentions.
• 📜 Wills and Trusts: Create wills and trusts to ensure that your assets are distributed according to your wishes upon your death. Without a will, your assets will be distributed according to South Carolina's intestacy laws, which may not align with your desires.
• 🏥 Healthcare Power of Attorney and Living Will: These documents allow you to designate someone to make healthcare decisions on your behalf if you become incapacitated. Without these documents, your partner may not have the legal authority to make those decisions.
• 💼 Power of Attorney: This document allows you to authorize someone to manage your financial affairs if you become unable to do so.
• 🏦 Maintain Separate Finances: While commingling finances can simplify day-to-day life, it can create complications if you separate. Consider keeping separate bank accounts and credit cards to avoid disputes over ownership.
• 📑 Document Contributions: Keep records of any contributions you make to your partner's property or business, such as paying for renovations or providing unpaid labor. This documentation can be helpful if you need to pursue an equitable claim.

The Role of a Family Law Attorney

Navigating the dissolution of a domestic partnership in South Carolina can be legally complex and emotionally challenging. A qualified family law attorney can provide invaluable assistance by:

• ✅ Advising you on your legal rights and options.
• ✅ Negotiating a settlement agreement with your partner.
• ✅ Representing you in court if necessary.
• ✅ Drafting and reviewing legal documents, such as cohabitation agreements, wills, and trusts.
• ✅ Helping you protect your assets and financial security.
• ✅ Providing guidance on child custody and support matters.

Finding the Right Attorney in South Carolina

When choosing a family law attorney, look for someone who:

• ✅ Is experienced in handling cases involving unmarried couples.
• ✅ Understands the nuances of South Carolina law.
• ✅ Is compassionate and responsive to your needs.
• ✅ Has a proven track record of success.
• ✅ Is someone you feel comfortable working with.

You can find qualified family law attorneys in South Carolina through referrals from friends or family, online directories, or the South Carolina Bar Association.

Possible Compensations and Legal Recourse

Even though South Carolina lacks specific domestic partnership laws, individuals aren't entirely without recourse. Possible avenues for compensation or legal action include:

• 📝 Breach of Contract: If a cohabitation agreement or other written agreement exists, a party can sue for breach of contract if the other party violates its terms.
• ⚖️ Unjust Enrichment: As discussed earlier, this allows for recovery of benefits unfairly retained by one party at the expense of the other.
• 🤝 Partnership/Joint Venture Claims: If the couple operated a business together without formalizing it, a partner may assert claims based on partnership or joint venture principles.
• 🏡 Partition Action: If co-owned real estate can't be amicably divided, a partition action can force a sale and division of proceeds.
• 📑 Claims for Contribution to Property: If one party contributed financially or through labor to improving property owned by the other, they may have a claim for reimbursement or a share of the increased value.

Conclusion: Planning for the Future

While South Carolina doesn't offer the same legal protections for unmarried couples as some other states, it's still possible to protect your rights and interests. By understanding the law, seeking legal advice, and taking proactive steps, you can minimize the risks associated with cohabitation and ensure a fairer outcome if your relationship ends.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.