Legal Question in Family Law in South Carolina

marital home

My husband and I have been married less than a year. We purchased a home during that year and it is financed and titled in only his name. The home is on my land so if he wants it it would have to be moved. I had another smaller home on the land when we met and I still own that home but cannot afford to move it. I want to stay in the marital home and pay the mortgage. I am in another relationship as well so I know that may hurt my chances. Oh and I have 4 children. The new home is a 5 bedroom, the old one only 3 bedrooms. I offered the old home to my husband but he wants to take away everything he can from me for revenge. What are my chances of a judge awarding me the new home?


Asked on 6/11/07, 12:09 pm

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: marital home

Based on the (very) limited information you provided, I think that the chances are good that the Court could award the house to you. However, it would most likely make you pay him for his portion of the equity in the home. Fortunately, it is unlikely that much equity has accrued in such a short period of time though.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case. If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 6/13/07, 8:09 pm


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