Legal Question in Family Law in South Carolina

Property obtained after physical separation

Can I purchase a home before my divorce is final if my spouse and I are currently separated and not have to worry about the court trying to award him any part of it? We have already separated all of our assetts and signed papers stating this. These papers were witnessed and notarized. We do not have a formal separation document, but have been separated since March 2008. He currently has his own home and I am not seeking any compensation from it. He acquired it before we were married, however we did pay it off together.


Asked on 6/25/08, 4:44 pm

1 Answer from Attorneys

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

Re: Property obtained after physical separation

You are probably fine doing that, as the Court is only concerned about the equity in any particular asset. The money that you put into the house already exists now anyway in some other form, so you're simply changing it from paper dollars to bricks and mortar.

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 6/27/08, 1:32 pm


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