Charleston Property Division Lawyer

Understanding Marital Property Laws in South Carolina Divorce

If you are getting a divorce, you are likely curious to know which property will go to your spouse and which property you will get to keep. Another question, "Who is responsible for the marital debt?" At Shaw Law Firm, LLC, our Charleston attorney can answer all of your questions and thoroughly explain your rights and responsibilities to marital property, debt, and separate property. We know property division can be difficult and that you need top quality legal representation. Since property division is handled on a case-by-case basis, you need a strong legal advocate protecting your rights.

Equitable Property Division in South Carolina

Equitable division ("equitable apportionment") is a system where the property is split between the spouses in a way that is equitable, or fair considering the couple's unique circumstances.

The division does not have to be split 50/50. When it comes to dividing property, it is almost certainly worth the effort to attempt to work out a settlement agreement. If you are unable to reach a fair agreement with your spouse, or if you there are certain assets that are in dispute, the court will divide the property and debt based on South Carolina's equitable division laws.

Before the court divides property, the property is divided into two categories:

• Marital Property: Property acquired during the marriage, regardless of the name on the title
• Separate Property: Non-marital property that belonged to either spouse before the marriage, a gift during the marriage, or an inheritance

In South Carolina, separate property remains in the hands of the spouse who acquired it before the marriage unless the court determines that the other spouse has acquired a special equity interest in the property or it has been transmuted.

The most common types of property divided in a Charleston divorce:

• Family home
• Automobiles
• Jewelry
• Savings
• Dividends
• Benefits

All debt incurred during the marriage must be divided as well. Regardless of which party incurred the debt, they may both be responsible for payment.

Factors Courts Consider in Property Division

When property is in dispute, the court divides property based on a number of factors, including monetary and non-monetary contributions to the marriage, including homemaking, childcare services, and other unpaid contributions.

Other factors include the following:

• Length of a marriage
• Marital fault
• Income of each spouse
• Amount of separate property
• Any squandering of the couple's assets

How Our Experienced Charleston Property Division Lawyers Can Help

Hiring an experienced Charleston property division lawyer offers critical advantages during a divorce, ensuring that your assets are divided fairly and in accordance with South Carolina law. It can be difficult to divide property, especially when there are high-value assets, businesses, or retirement accounts involved. Our experienced attorney provides the expertise needed to navigate these challenges.

• Comprehensive Asset Evaluation: Our team thoroughly evaluates all marital assets, including hidden or undervalued properties, to ensure everything is properly accounted for. This can include real estate, investments, and business interests.
• Equitable Distribution: South Carolina follows equitable distribution, meaning assets are divided fairly but not necessarily equally. Our dedicated team works to ensure you receive a fair share of the marital property, advocating for your best interests.
• Protection of Separate Assets: We ensure that any assets you brought into the marriage or inherited are properly classified as separate property and protected from division.
• Skilled Negotiation and Litigation: We make sure your financial future is protected through negotiation and litigation.

By hiring our experienced Charleston property division lawyer, you gain an advocate who will fight for your financial rights and help you secure a stable future post-divorce.