Thursday, April 20, 2006
COMMON LAW MARRIAGE AND DEATH
The Court held that the Family Court had subject matter jurisdiction to determine whether Floyd Thomas was Ella Mae Mc Griff's's common-law spouse on the date she died. Although the woman’s probate estate was open, it was the existence of the marriage rather than heredity that was the issue before the Court. Therefore, the Court concluded:
In an opinion rendered earlier this week, the South Carolina Supreme Court considered the relationship between common law marriage and the probate process. Thomas v. McGriff presented the question of whether Floyd Thomas and Ella Mae McGriff were common-law spouses on the date of Ella Mae’s death.
The Court held that the Family Court had subject matter jurisdiction to determine whether Floyd Thomas was Ella Mae Mc Griff's's common-law spouse on the date she died. Although the woman’s probate estate was open, it was the existence of the marriage rather than heredity that was the issue before the Court. Therefore, the Court concluded:
- The Family Court had exclusive subject-matter jurisdiction to determine an action for a declaration that a common-law marriage exists or existed;
- The probate court has exclusive subject-matter jurisdiction to determine heirs, which might involve the issue of whether a common-law marriage existed; and,
- Whether the family court or probate court has jurisdiction over the issue of common-law marriage depends on the nature of the action in which the issue arises.
The written opinion can be accessed by clicking here.
