Aaron & Aaron, Attorneys at Law
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Property Division Archives

Breaking up is hard to do if the house splits too

Whether you are working with your partner, or are unable to achieve that level of cooperation at this juncture, there are ways to figure out a division of assets for unmarried couples. If you had the foresight to create a cohabitation agreement at the commencement of your relationship, you may have a substantially easier time now. However, like a prenuptial agreement, many couples are unlikely to have one. Therefore, if you own your home, there are several factors to take into account to determine the share each partner should retain.

Determining the division of assets in a South Carolina divorce

In South Carolina, as in most other states, property is to be divided between spouses equitably. The equitable division of assets means that marital property should be divided fairly, which does not necessarily mean equally. Below you will find more information about what the state's equitable distribution law could mean to you.

How debts may be divided during a divorce

Divorcing couples spend their time discussing many things during the divorce process. Depending on the length of the marriage and how the couple chose to spend their money while together, they may have acquired quite a bit of property and assets during the marriage that they will now have to divide between the two of them. They could work together and figure out what each person will walk away with, but if any disputes occur, they will have to let a judge decide for them. The same thing can happen should a couple have debts that need to be paid off.

Does a divorce mean I give back the ring?

Moving on after divorce is difficult when you are surrounded with things that remind you of your marital struggles. Nothing represents your previous relationship quite like your engagement ring and wedding band. While after the divorce you may not be required to return the rings to your ex, doing so may help you heal faster. However, regardless of property division or what is right, the choice is yours.

What will happen to a couple's home after they divorce?

Property division can be a frustrating topic for couples to discuss when they are getting a divorce. Not only can people disagree on what property should be divided, but they may also disagree on who should get that property. One piece of property that couples may have difficulty agreeing overĀ is their home.

What property can spouses consider as separate?

When two people get a divorce, there is a lot that they may dispute, including property. Whether both spouses decide to go after the house, car or even the family business, these types of disputes are not easy to resolve, especially if both spouses feel as though they are entitled to the property for which they have been fighting. While marital property is what the couple will be disputing over and possibly dividing when they get divorced, it is likely that each spouse will have separate property that will not be up for grabs. The problem with this is that the other spouse may disagree with their determination that the property is separate.

Factors used to determine how property is divided

Any couple that has divorced may have experienced the stress that is associated with the process. Not only may couples argue about whose fault the divorce is, but they may also find a number of other things to dispute about as well. Deciding how the property will be divided in the event of a divorce is something that some couples may have difficulty doing. There are many reasons why couples may dispute over property division, but that doesn't mean their reasoning is right, nor does it mean they will get the property that they are fighting over. In many cases when couples cannot agree on how to divide property, a judge will decide for them by using various factors.

How property is divided in South Carolina

Couples may find that when they divorce they will start to dispute over property. One person may feel as though something is marital property, while the other truly believes that it is separate property. With there being confusion about what property is marital and what is separate, when it comes time to decide which spouse will get what, they often may not agree. When this happens, there's a chance that the couple will have to go before a judge and let them decide who will receive certain property.

An attorney can help settle disputes over property division

Property division is one aspect of divorce that may cause couples a lot of stress. Not only may they not agree on who should get what, but there may also be confusion about what is considered marital property and what is considered separate property. This lack of agreement and confusion may cause a dispute to go on much longer than it needs to.

Factors that help determine distribution of marital property

Dividing marital property between spouses during a divorce is not an easy task. Not only may it be an issue figuring out who will get what, but there may be confusion about what is considered marital property and what is not. Marital property is considered any personal and real property that was acquired during marriage. Certain states, like South Carolina, have equitable distribution laws where spouses have the right to any and all marital property. These laws are not the only thing that affect how property is divided between spouses.

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