Legal Question in Family Law in South Carolina

SC Divorce

I have a friend who has filed for a divorce in SC. The house which she lived in during the marriage, is what is in question.

One year prior to the marriage, they had lived together during which time they had built the house they were going to live in after they got married. Since that time, they have been in the house for a period of 7 years now.

The house and land is all in his name.

Are there any entitlements to the wife giving what she has invested in the house, and can he force her out before the divorce is final?

Her attorney has advised that she remain in the house until settlement of divorce is completed.

She is concerned if she can get her share of the money invested back through the divorce, and if her husband can or cannot make her move out before the divorce is settled.

She failed to advise her attorney that the house was souly in her husbands name, and that it was purchased prior to their marriage.

Just need second opion!

Thanks


Asked on 11/15/07, 3:33 pm

1 Answer from Attorneys
Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: SC Divorce

If an asset is acquired (or equity built up) during the marriage with marital funds, then it is generally a marital asset, regardless of whether it is titled in the name of the husband, the wife, or both.

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 11/15/07, 3:44 pm


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