Understanding marital property laws in South Carolina is essential for anyone who is married, considering divorce, or planning for the future. These laws determine how assets and debts are classified and divided, which can have a lasting impact on your financial security, property rights, and long-term goals.
Whether you are facing a divorce or simply want to understand how marriage affects ownership of property, knowing how South Carolina defines and divides marital property can help you make informed decisions. Below, we explain how marital property works in South Carolina, what counts as marital versus non-marital property, and why experienced legal guidance from family law attorneys matters.
How Are Marital Assets Divided in a Divorce?
South Carolina follows an equitable distribution system when dividing marital property in a divorce. This means the court divides assets in a way it considers fair, not necessarily equal.
Under South Carolina law, judges evaluate a variety of factors to determine what is equitable. These factors may include the length of the marriage, each spouse’s financial and non-financial contributions, income and earning capacity, marital misconduct or fault, and each party’s needs moving forward.
Because no two divorces are alike, equitable distribution is handled on a case-by-case basis. Working with a knowledgeable family law attorney can help ensure that your interests are clearly presented and protected throughout the process.
Is South Carolina a Community Property State?
South Carolina is not a community property state; it is an equitable distribution state that applies equitable distribution rules.
In community property states, most assets acquired during marriage are divided 50/50. In contrast, equitable distribution laws in South Carolina allow courts to divide property based on fairness rather than strict equality. This distinction matters because it gives courts flexibility (but also introduces complexity) when determining who receives which assets during a divorce.
Understanding whether property is considered marital or non-marital is often the first and most critical step in applying these equitable distribution rules.
What Is Marital Property in South Carolina?
So, what is marital property in South Carolina? Generally, marital property includes assets and debts acquired by either spouse during the marriage, regardless of whose name is on the account or title.
Common examples of marital property include:
- Income earned by either spouse during the marriage
- Homes or real estate purchased while married
- Retirement accounts or pensions contributed to during the marriage
- Vehicles, bank accounts, investments, and other shared assets
Even if one spouse primarily earned the income or managed the asset, it may still be classified as marital property under South Carolina law.
What Is Non-Marital Property in South Carolina?
Non-marital property (also known as separate property) typically includes assets that belong to one spouse alone and are not subject to division.
Common examples of non marital property include:
- Property owned by one spouse before the marriage
- Inheritances received by one spouse individually
- Gifts given specifically to one spouse
- Certain personal injury awards
A common misconception is that non-marital property is always protected. While it often is, the way property is handled during the marriage can change its classification, which is why this can become complex and makes proper legal guidance essential.
Can Non-Marital Property Become Marital Property in South Carolina?
Yes, non-marital property can become marital property through a process known as commingling or transmutation.
This may occur when separate assets are mixed with marital assets in a way that makes them difficult to distinguish. For example, adding a spouse’s name to a previously separate property title, using marital funds to improve a separately owned home, or depositing inherited money into a joint account can all blur the lines.
Because these situations can significantly affect property division, maintaining clear records and consulting a family law attorney can help preserve your rights.
Who Gets the House in a Divorce in South Carolina?
There is no automatic rule determining who gets the marital home in a divorce in South Carolina. Instead, the court evaluates whether the home is marital or non-marital property and considers equitable distribution factors.
Judges may look at issues such as whether children will reside in the home, each spouse’s financial ability to maintain it, the amount of equity involved, and how the home was acquired. Depending on the circumstances, the house may be sold and the proceeds divided, awarded to one spouse, or handled in another equitable manner.
The goal is not a preset outcome, but a fair result based on South Carolina marital property laws.
Contact Our Family Law Attorneys for Understanding Marital Property Laws in South Carolina and Taking Action
Marital property issues can quickly become complex, especially during emotionally charged divorce proceedings. If you are navigating divorce or have concerns about property division, working with an experienced family law attorney can make a meaningful difference.
Our experienced attorneys at Harvey & Battey provide trusted guidance in all aspects of family law, including divorce and division of marital property. Attorney Sam Scoville and his team are committed to protecting your financial interests and helping you move forward with clarity and confidence.
To discuss your situation and learn how South Carolina marital property laws apply to your case, schedule a consultation with our family lawyers today.