Aaron & Aaron, Attorneys at Law
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Child custody can influence property division

Figuring out who will keep which assets is a big part of divorce. You will need to decide how debts are divided, who keeps the house and even whom any family pets will remain with. Child custody is also an important issue and in fact is one that can have more bearing on your property division than you might think.

South Carolina typically divides property equitably during divorce. This means that a decision on how to split assets is based upon each spouse's income and contribution to the marriage, among other factors. Of course, it is rarely as simple as that and one of the biggest points of contention in any property division agreement is often the house.

In some cases the value of the house will be determined and one spouse will receive an equivalent value in compensation. In other cases the house may be sold completely and the income from it divided between both partners. However, when children are involved, it is often the case that the house remains with the custodial parent. This counts as part of his or her settlement, so the other spouse will receive a fair amount to make up for it.

Of course, there are other reasons the house may be given to one spouse or the other, domestic violence being a primary reason, as this article on property division explains. Although neither spouse usually has a legal right to evict the other, this changes in the event of domestic violence. If you feel you or your family are under threat from your spouse, you should seek immediate assistance from the police.

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