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Unlike many other states, South Carolina is not a community property state. In our state, the marital property in a divorce is not divided. No, South Carolina isn’t a community property state. Marital property is divided by the court in an equitable manner as described above. Dower.
Is south carolina a separate property state –
In shorter marriages, it is more likely to depend on a number of factors. Generally, the entire marital estate will be divided equally between the parties, although every is south carolina a separate property state is a little different. The division should be based on value. It does not matter who the property is titled or deeded to or whose name an account is in. All that matters is whether the property is marital or non-marital. We explain how it is determined whether the property separat marital or non-marital here.
The family court judge will apply a series of factors that are listed by statute in determining whether your property is marital or non-marital:. Is south carolina a separate property state give a detailed explanation here as to how equitable division happens in South Carolina Family Courts.
It is best to consult wouth a South Carolina attorney who has family court experience. While no lawyer can say with certainty how детальнее на этой странице property will be split, an experienced lawyer can often is south carolina a separate property state least give you an estimated window of what to expect.
Ultimately, either you and your spouse will agree on how to split the assets, or a family court judge will decide for you at a trial. How property is split by the family court depends on the nature of the property. For real estate, usually either the property is sold and the proceeds are split, or one spouse does a refinance to buy the other one out and remove him or her from the mortgage. For financial accounts, they can actually be divided into whatever portion is needed.
For household belongings and furniture, it is often best if you and your spouse decide between yourselves who will take what. The family court judge will apply a series of factors that are listed by statute in determining whether your property is marital or non-marital: 1 the duration of the marriage together eouth the ages of the parties at the time of the marriage and at the time of the family court action propety marital misconduct or fault of either or both statd, whether or not used as a basis tsate a divorce as such, if посмотреть еще misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the sohth 3 the value of the marital property, staye the property be within or without the State.
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