Who gets the house in a divorce in SC?

Who gets the house in a divorce in SC?

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.

Is South Carolina a spousal state?

South Carolina is an equitable division state; that is, the Family Court Judge hears the evidence from both spouses and then determines what he or she thinks is a fair and equitable division of marital property.

Is inheritance marital property in SC?

South Carolina’s marital property laws are, like the majority of states, equitable distribution laws. Spouses in South Carolina have a right to all marital property. Acquired by a spouse through inheritance or gift to the spouse alone during the marriage; or.

How much does a divorce cost in SC?

According to data published by Martindale-Nolo Research, obtaining a divorce in South Carolina typically costs between $4,000 and $28,000, with the average attorney fees running $10,000. The report also indicates that the average cost of an uncontested divorce in South Carolina is $12,600.

Is or a community property state?

The states having community property are Louisiana, Arizona, California, Texas, Washington, Idaho, Nevada, New Mexico, and Wisconsin. Community property states follow the rule that all assets acquired during the marriage are considered “community property.”

What is the law for divorce 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.