Could a House and Land Purchased Before Marriage Be Considered a Marital Asset in South Carolina?

Question from Roux, Could a House and Land Purchased Before Marriage Be Considered a Marital Asset in South Carolina?

Answer from AI:

In South Carolina, the division of property in a divorce is governed by the principle of “equitable distribution.” This means that the court will divide the marital property between the spouses in a manner that it deems fair, but not necessarily equal.

What is Considered Marital Property?

Marital property generally includes all assets acquired by either spouse during the marriage. However, there are exceptions. For instance, property that was owned by one spouse before the marriage is typically considered separate property and is not subject to division.

In your case, since you purchased the land before the marriage and the house was built and paid for by you, there might be an argument that these are not marital assets. However, this can be a complex area of law and the outcome can depend on various factors.

Factors That Could Influence the Court’s Decision

• Use of Marital Funds: If marital funds were used to pay for the house or to make mortgage payments, the court might consider the house as marital property.
• Contribution of the Other Spouse: If your wife contributed to the value of the property, for example, by helping to maintain or improve it, the court might consider this when deciding whether the property is marital or separate.
• Intent of the Parties: The court might also consider whether there was an intention to make the property a marital asset. For example, if you and your wife treated the property as a shared asset during the marriage, this could influence the court’s decision.

Relevant Case Law

In the case of Mora v. Mora, the South Carolina Supreme Court held that property purchased before the marriage and titled in one spouse’s name could still be considered marital property if it was used for the common benefit of the parties during their marriage.

However, every case is unique and the court will consider the specific circumstances of your situation. Therefore, it’s important to consult with a legal professional who can provide personalized advice based on your situation.

Seeking Legal Advice

Given the complexity of property division in a divorce, it’s recommended that you consult with a family law attorney who can guide you through the process and help protect your interests. They can provide a more detailed analysis of how the law might apply to your specific situation and can help you prepare for any potential legal arguments.

For more information on property division in South Carolina, you can visit the South Carolina Legislature’s website.