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Thread: Common Law Spousal Rights

  1. 08-22-2019, 01:05 PM #1
    FOWL MOUTH
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    Default Common Law Spousal Rights

    We've been discussing legal subjects at work here lately and this question popped up. A guy named Joe that's had a live in (Common Law wife) girlfriend for 10 years. They act like a married couple but have never gotten married. Joe has an adult daughter. If something happens and Joe has to be hospitalized, can't make his own decisions while in the hospital for whatever reason, and doesn't have a living will.. who has the legal authority to make the decisions on his behalf? Would it be the common law spouse or the adult daughter of Joe?
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  2. 08-22-2019, 01:07 PM #2
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    His daughter
    .
    80-20 Genaration
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  3. 08-22-2019, 01:07 PM #3
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    I'm no lawyer, but I remember hearing that SC did away with common law marriages recently.

    Here you go. Looks like the SC supreme court did away with them.

    https://www.postandcourier.com/polit...e0e478324.html
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  4. 08-22-2019, 01:07 PM #4
    Moonlight Hunter
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    No idea, but everyone who choses that life needs a living will(advanced healthcare directive) to avoid anymore drama than what will already arise.
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  5. 08-22-2019, 01:09 PM #5
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    Quote Originally Posted by Moonlight Hunter View Post
    No idea, but everyone needs a living will(advanced healthcare directive) to avoid anymore drama than what will already arise.
    FTFY
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  6. 08-22-2019, 01:10 PM #6
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  7. 08-22-2019, 01:11 PM #7
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    As of July 24, 2019, South Carolina no longer recognizes common law marriage.

    https://www.sccourts.org/opinions/HT...s/SC/27908.pdf

    So, if the daughter is closes living kin. it would be her. He would be well advised to create a health care power of attorney designating who will make decisions if he is unable to communicate with doctors as the hospital staff could question whether she is closest living kin.
    DILLIGAF
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  8. 08-22-2019, 01:15 PM #8
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    It depends. Those quiting the SC opinion as doing away with CLM are not reading it fully. The ruling is prospective in nature, but an existing CLM can still be exist. The court also tightened how you have to prove CLM.
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  9. 08-22-2019, 01:45 PM #9
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    Joe is screwed, Joe should have planned better
    Yeah, but do you consider a dog to be a filthy animal? I wouldn't go so far as to call a dog filthy but they're definitely dirty. But, a dog's got personality. Personality goes a long way.


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  10. 08-22-2019, 01:58 PM #10
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    Quote Originally Posted by Saltydog235 View Post
    Joe is screwed, Joe should have planned better
    Exactly.

    This day and age Joe's daughter and common law wife had a secret lesbo relationship for years. The live in GF has been poisoning him for years. The daughter and GF are now blowing all of Joe's money at some tropical resort while he lies in bed wasting away.
    "This is My commandment, that you love one another as I have loved you." John 15:12

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  11. 08-22-2019, 02:31 PM #11
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    Trashy people don't get married so they can be a "single parent" and qualify for the tons of government aid.
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  12. 08-22-2019, 02:38 PM #12
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    Quote Originally Posted by Rabbitman09 View Post
    Trashy people don't get married so they can be a "single parent" and qualify for the tons of government aid.
    Damn I actually agree with you on something.
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  13. 08-22-2019, 02:57 PM #13
    FOWL MOUTH
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    Yep. Trashy people "shack".
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  14. 08-22-2019, 03:08 PM #14
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    If your girl gets pregnant, she can be a stay at home mom and get WIC, SNAP, housing allowance (she can rent from you and you use that to pay mortgage), FIA, and no childcare because she can watch the baby! Oh yeah, Medicaid for her and the baby! No copays, no deductibles!
    Last edited by Rabbitman09; 08-22-2019 at 03:10 PM.
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  15. 08-22-2019, 03:29 PM #15
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    Quote Originally Posted by Rabbitman09 View Post
    If your girl gets pregnant, she can be a stay at home mom and get WIC, SNAP, housing allowance (she can rent from you and you use that to pay mortgage), FIA, and no childcare because she can watch the baby! Oh yeah, Medicaid for her and the baby! No copays, no deductibles!
    yep. had a "family" renting a NICE house in our neighborhood. Turned out she was doing just as you describe. Nice cars (as escalade gold packages go), nice house, all the finer things. He was active duty national guard and he got in a shit ton of trouble when they found out. She got in some with the state and feds as well if I recall.

    They dont live in our 'hood no mo'
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  16. 08-22-2019, 03:36 PM #16
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    Rabbitman is on top of this. Makes me sick but that is how they play it. See it everday
    Gettin old is for pussies! AND MY NEW TRUE people say like Capt. Tom >>>>>>>>>/
    "Wow, often imitated but never duplicated. No one can do it like the master. My hat is off to you DRDUCK!"
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  17. 08-22-2019, 03:54 PM #17
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    Quote Originally Posted by Jozie & Me View Post
    yep. had a "family" renting a NICE house in our neighborhood. Turned out she was doing just as you describe. Nice cars (as escalade gold packages go), nice house, all the finer things. He was active duty national guard and he got in a shit ton of trouble when they found out. She got in some with the state and feds as well if I recall.

    They dont live in our 'hood no mo'
    Ole boy just needs to get that military disability and they are set!
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  18. 08-22-2019, 04:11 PM #18
    billyjack
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    If you can’t or don’t identify the genetic father of your child so that he may pay for it, you should be sterilized as a precondition of government support.

    If you are a man and the government supports your child, you should be sterilized and forfeit one testicle.
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