Share Legal South Carolina Property Settlement Forms For Free

During a divorce in South Carolina, only marital property gets divided between the spouses. Marital property is generally considered any property that was acquired during the marriage. It often includes property that benefits both partners in the marriage.

As family law attorneys in Charleston, SC, we've been asked whether South Carolina is a community property state. The short answer is ?no.? However, South Carolina is called an ?equitable division,? sometimes referred to as a ?separate property,? state. In most long marriages, the split will not be far from 50/50.

Spouses in South Carolina have a right to all marital property. 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.

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.

Marital settlement agreements, also known as divorce settlement agreements, marital termination agreements, separation agreements, or stipulations of settlements, are written contracts between divorcing spouses of their responsibilities and rights after divorce. Once formed, both parties are legally bound to them.

The short answer is ?no.? However, South Carolina is called an ?equitable division,? sometimes referred to as a ?separate property,? state. In most long marriages, the split will not be far from 50/50. In shorter marriages, it is more likely to depend on a number of factors.