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