South Carolina Property Law

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Commonly Asked Questions about South Carolina Property Law

Is a house owned before marriage marital property in South Carolina?

What is Non-Marital Property in South Carolina? Property acquired before the marriage is generally considered non-marital property, subject to exceptions as discussed below.

Is South Carolina a common law property state?

North Carolina and South Carolina are equitable distribution states, not community property states.

Is South Carolina a community property state or common law state?

North Carolina and South Carolina are equitable distribution states, not community property states. Unlike a community property state, which divides marital assets 50/50, equitable distribution states take the time to make sure the division is fair to both parties, and they do not divide separate property.

What is a wife entitled to in SC?

South Carolina is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally. Factors such as each spouses financial contributions to the marriage, earning potential, and any misconduct may all play a role in determining how assets are divided.

How long do you have to live together for common law marriage in SC?

While you may have heard it takes a certain number of years (seven is the most common belief), in South Carolina, you could be common law married after living together for less than a year if certain criteria were met.

Is South Carolina a hold your ground state?

Duty to retreat refers to a requirement to retreat from the threatening situation if you can do so with complete safety. South Carolina is considered a Stand Your Ground state, meaning it is not required that people remove themselves from the situation before they are attacked.

What is the possession law in South Carolina?

Drug possession is a serious crime in South Carolina. Even possessing an ounce or less of marijuana can land you in jail for up to 30 days, and possessing larger amounts of more serious drugs can lead to felony prosecution.