In many South Carolina divorce cases, the marital home represents not only a major financial asset but also a source of emotional significance for the parties involved. Whether one spouse wishes to remain in the family home or both agree to sell, the division of property in divorce proceedings requires careful legal strategies and a deep understanding of South Carolina family law.
A Greenville divorce attorney helps clients navigate marital property division, ensuring the marital home and other property are considered fairly under the law. Because South Carolina is an equitable distribution state, family court does not always divide assets equally. Instead, property must be divided equitably, considering various factors such as the length of the marriage, financial contributions, marital misconduct, and the needs of children.
What Counts as Marital Property?
Under South Carolina divorce law, marital property includes property acquired during the marriage, regardless of whose name appears on the title. The marital home is almost always considered marital property if purchased while married. This means it becomes part of the marital estate and is subject to division of property during divorce proceedings.
Some assets may be considered marital property even if only one spouse’s name is on the deed. For example, if one spouse used marital income to make mortgage payments on a house acquired before the marriage, that home may now be considered marital property. Conversely, inherited property, nonmarital properties, and separate property acquired before the marriage may be excluded from property distribution.
Family law attorneys assist clients in determining what property is considered marital property and what qualifies as separate property or non marital property. This distinction is critical when deciding how to divide the marital home and other assets.
Equitable Distribution of the Marital Home
South Carolina family court follows equitable distribution, which requires that property be divided fairly, not necessarily divided equally. The marital home can be handled in several ways during divorce proceedings:
- One spouse remains in the home while the other spouse receives an offset through other property or assets.
- The house is sold, and the proceeds are divided equitably between the spouses.
- Both spouses keep ownership temporarily (for example, until children reach a certain age), with the property divided later.
The value of the marital home is determined through appraisals, financial disclosures, and sometimes expert witness testimony. The goal is to ensure the property divided reflects fairness and that the outcome protects both the dependent spouse and children.
Other Property and Financial Assets
Dividing property does not end with the marital home. The marital estate often includes:
- Pension plans and retirement accounts (sometimes requiring a qualified domestic relations order)
- Investment accounts, personal property, and other assets acquired during marriage
- Business interests or other property with significant value
Attorneys provide legal counsel to ensure that property distribution considers all assets and liabilities within the marital estate. Because dividing property can have long-term implications for financial support, spousal support, and child support, experienced family law attorneys provide legal support to protect clients’ interests.
Factors in Property Division
Family court evaluates various factors when dividing the marital estate, including:
- The length of the marriage
- Contributions by one spouse to the other’s education or career
- Child custody and the best interests of the children
- The financial circumstances of each spouse
- Evidence of marital misconduct when relevant
- Agreements made by the parties, such as a separation agreement
These factors help the court determine whether the marital home should be awarded to one spouse, sold, or divided equitably in another manner.
Why Legal Representation Matters
The division of marital property in South Carolina divorce cases is often complex, especially when the marital home is involved. Having experienced family law attorneys ensures that property divided through equitable distribution is handled properly and fairly.
At Sarah Henry Law, our Greenville family law team represents clients with professionalism, compassion, and a commitment to achieving the best outcome possible. We assist with marital property division, retirement accounts, and property distribution, always focusing on protecting our clients’ rights and futures.
Take the Next Step with Sarah Henry Law
Learn more about Greenville Marital Home Equity Distribution Lawyer. Call Sarah Henry Law at (864) 478-8324 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward resolution and peace of mind.
Greenville Marital Home Equity Distribution FAQs
Is the marital home always considered marital property?
Generally, yes. If the family home was property acquired during the marriage, it is considered marital property and included in the marital estate for division.
How does South Carolina handle marital property division?
South Carolina is an equitable distribution state. This means the court divides property fairly, not necessarily divided equally, based on factors such as length of marriage, contributions, and child custody needs.
What if one spouse wants to keep the house?
If one spouse wishes to keep the marital home, they may need to refinance the mortgage into their own name and provide the other spouse with their fair share of equity through property distribution.
Can inherited property be divided in a divorce?
Inherited property is generally considered separate property and not part of the marital estate. However, if inherited property was commingled with marital assets, it may become subject to property division.
Why do I need a family law attorney for dividing the marital home?
An experienced family law attorney provides legal strategies, legal support, and representation to ensure the marital home and other assets are divided equitably. They protect your rights, assist with agreements, and help you navigate family law matters in Greenville SC.
