South Carolina Property Agreements

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Commonly Asked Questions about South Carolina Property Agreements

Can my husband sell the house without my consent in South Carolina?

Where both spouses are on title to the property both need to sign the deed to sell the property. The forms of ownership can be as joint tenants where the property passes to the surviving joint tenant.

Who has to leave the house in a divorce in SC?

If you have evidence of a fault-based ground for divorce, you can file a family court case and let a judge decide who must move out at a temporary hearing. If you dont have evidence of a fault-based ground for divorce, then one of you has to move out: You can ask him or her to move out. You can move out yourself.

What information is a South Carolina sales agreement required to include?

The contract must include all the disclosures required by the state of South Carolina, including a lead-based paint disclosure. Closing date. The date the sale will be finalized, payment made, and title transferred. Signatures.

How is marital property divided in South Carolina?

South Carolina is an equitable division state; that is, the Family Court Judge hears the evidence from both spouses and then determines what he or she thinks is a fair and equitable division of marital property. The Judge considers a number of factors in making the decision.

Is South Carolina a 50/50 state when it comes to divorce?

South Carolina, like most states, is an equitable division state, which means that property is not always divided 50/50 in a divorce here. In most long marriages, the split is close to 50/50, but there are many factors that the court can consider to make the split fair and fair does not always mean 50/50.

What makes a contract legally binding in South Carolina?

Agreements required to be in writing and signed.

Does all marital property in South Carolina be split?

The court will split the marital property 50-50 in some cases, but in others, it will give a greater share to one party because it feels doing so is equitable. If you or your spouse is contemplating divorce or separation, contact the family law attorneys at Futeral Nelson to schedule a consultation and find out

Is South Carolina an agreement state?

South Carolina, as an Agreement State, has entered into a partnership with the U.S. Nuclear Regulatory Commission which allows the State to regulate the use of radioactive material at these facilities.