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

If you are getting a divorce, you can turn to Shaw Law Firm, LLC for common sense advice and guidance. Contact our firm at (843) 256-3499 to schedule a confidential consultation with our Lawyer.

  • “I would definitely recommend Shaw Law Firm”
  • “When we needed help, they were there.”
  • “Attorney Shaw is very compassionate. She and her staff helped me through a very difficult time.”
  • “Heather walked us through the entire process, kept us informed while maintaining our comfort level.”
  • “Ms. Shaw was very professional but at the same time, she was personable!”

Get Started Today

Get started by scheduling your consultation. We will provide you with the supportive guidance you need in order to begin the next chapter of your life.

Do You have Questions? We Can Help!
There are numerous reasons why Shaw Law Firm, LLC is the choice of so many families. We are committed to providing compassionate, focused, and tireless legal support. We work hard on every case to take to secure the best outcome possible. If you are facing a legal issue, don't wait to get help. Call our firm today to find out what we can do for you.

Take the First Step Toward a Positive Resolution

  • Case Consultation
    We offer clients an informative consultation to share the details of their situation.
  • Tenacious Advocacy

    We offer the advocacy our clients need to protect themselves and their family.

  • Proven Results

    We help our clients set realistic goals and stand by their side every step of the way.

  • Honest Counsel

    The strategic and unwavering representation we provide is hard to find elsewhere.

Fill out the form below to schedule your consultation. We will provide you with the supportive guidance you need in order to begin the next chapter of your life.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.