Is South Carolina a community or marital property state?
Unlike many other states, South Carolina is not a community property state. In our state, the marital property in a divorce is not divided 50/50. Instead, it is distributed in a manner that is fair and equitable to both parties, which may not necessarily be an equal distribution.
What is considered marital property in SC?
Marital property is real or personal property acquired during the course of the parties' marriage through the use of marital funds, or through the sale of additional marital property. Real property is real estate; personal property is tangible property, such as automobiles, boats, furniture, and household items.
Is a Gift considered community property?
In community property states, the following is separate property: gifts given to one spouse. property either spouse owned before the marriage and kept separate during the marriage, and. inheritances.
What happens to community property when you move to a common law state?
If a couple moves from a community property state, most common law states recognize the community property character of property acquired during marriage in a community property state, so each spouse would retain an undivided one-half interest in such property.