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Property Division in South Carolina

Equitable division of marital property: what is marital, how it is valued, and who keeps the house, the business and the retirement.

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Articles, papers, FAQs & videos

Article New My Spouse Won't Turn Over Documents: How Discovery Enforcement Works in South Carolina Family Court When a spouse ignores discovery in a South Carolina divorce or custody case, the rules give the judge a ladder — a good-faith letter, a motion to compel, and fee... Article New Who Gets the Business? Who Gets the Retirement? Dividing Complex Assets in a South Carolina Divorce The name on the account decides almost nothing. What decides the outcome is a date, a distinction between two kinds of growth, and the difference between a business's... White paper Chapter 61 Disability Retirement, CRDP, and Divorce: A Recent DoD Reversal That Restores What Many Military Spouses Lost The Department of Defense's February 2026 revision to its Financial Management Regulation materially changes the division of military retired pay for Chapter 61... White paper High Asset & Complex Divorces in South Carolina When one spouse controls the money, the other can be left in the dark. The recurring issues in high-asset divorces — and what a prepared attorney looks for. White paper Prenuptial Agreements in South Carolina: Scope and Proper Execution South Carolina has no statute that comprehensively governs prenups. What can be bargained away, and what does it take to execute an agreement that will hold up? FAQ Property Division — Frequently Asked Questions Answers to the most common questions our clients ask about the division of marital property and debts in South Carolina — equitable distribution, how specific assets... Video Equitable Division of Marital Assets and Debts in Divorce Columbia, SC Divorce Attorney Nick Mermiges explains how the Court divides marital assets and debts in divorce, and what specific property and debts are classified as...

Answered questions

Can I file for divorce if we are still living in the same house? You can file for a fault-based divorce (such as adultery) while living together, but to file for a no-fault divorce or separate support and maintenance... Divorce FAQs How is marital property divided? The court seeks an “equitable division,” which usually means a 50/50 split of all assets and debts acquired during the marriage. This can vary... Property Division FAQs Is my inheritance marital property? Generally, no. An inheritance kept in a separate account in your name alone is non-marital property. However, if you comingle it — for example, by... Property Division FAQs Is my engagement ring marital property? No. An engagement ring is a conditional gift given in contemplation of marriage. The condition is fulfilled upon marriage, at which point the ring becomes... Property Division FAQs Are gifts between spouses during the marriage marital property? Yes. Gifts given between spouses during the marriage (such as jewelry or cars) are generally considered marital assets subject to equitable division. S.C.... Property Division FAQs Who keeps the house? Usually, one spouse buys out the other’s share of the equity. If neither can afford to do so, the house is sold and the proceeds are divided. The... Property Division FAQs How do we value the house? You can agree on a value (often based on a comparative market analysis or online estimate) or hire a professional appraiser. If you go to trial, the judge... Property Division FAQs What happens to our debts? Marital debts (credit cards, loans) incurred during the marriage are also divided equitably, regardless of whose name is on the account. S.C. Code Ann. §... Property Division FAQs Can I make my spouse pay for my student loans? Generally, student loans are the responsibility of the person who took them out, unless you can show the loan proceeds were used for marital living expenses... Property Division FAQs Will I get part of my spouse's business? If the business was started or built up during the marriage, it is a marital asset subject to equitable division. However, the court distinguishes between... Property Division FAQs What date is used to value our assets? The marital estate is generally fixed on the date of filing. Debts incurred or assets acquired after the filing date are generally considered separate... Property Division FAQs

Other topics:Child CustodyDivorceAlimony & Child SupportMilitary FamiliesModification & EnforcementDiscovery & EvidenceFamily Court Procedure

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