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.
What are the divorce laws in South Carolina?
There are five grounds for divorce in South Carolina: adultery, habitual drunkenness, physical cruelty, abandonment and no fault, which is based on the parties living separate and apart for at least one year. Mental abuse/cruelty is not a basis for divorce in South Carolina.
Which states are not community property states?
Most states are not and are considered equitable distribution states where property is distributed fairly, but not necessarily equally. There are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.
Who gets the house in a divorce in SC?
Marital property is all the real and personal property acquired by the parties during the marriage and owned at the date of filing for divorce. It doesn't matter if the family home bought during the marriage in only one spouse's name; the other spouse also has a right to it.
Do you have to be separated for a year to get a divorce in SC?
South Carolina requires couples to live separately for one year before divorcing in order to obtain a no-fault divorce. If you and your spouse break that separation period, a judge may have grounds to deny your divorce.
What is considered abandonment in a marriage in SC?
What Constitutes Abandonment. Desertion is defined as living apart for at least one year without consent of the deserted spouse and without appropriate justification. In addition, the deserting spouse must not intend to resume living with the deserted spouse.