South Carolina is an equitable distribution state. Because of this marital property is split pretty, not essentially equally, between divorcing spouses. Figuring out what constitutes marital property, together with the household house, is a vital step within the divorce course of. For instance, a house bought in the course of the marriage is usually thought-about marital property, topic to division. Nonetheless, a house owned by one partner earlier than the wedding, or acquired as an inheritance or reward in the course of the marriage, is likely to be thought-about separate property and never topic to division.
Understanding how property division works in South Carolina offers important context for navigating the complexities of divorce. A transparent understanding of the state’s equitable distribution legal guidelines can empower people to make knowledgeable choices about their future and defend their monetary pursuits. Traditionally, many states operated underneath common-law property guidelines the place possession remained with the partner who held title. The shift in direction of equitable distribution goals to create a fairer consequence, recognizing each spouses’ contributions to the wedding, whether or not monetary or in any other case.