Our homes are where memories are made, and family members come together to spend time with one another. Many homeowners have accomplished goals, experienced trials and tribulations, etc. during the time they lived in their home which makes them an essential part of their lives. Unfortunately, some individuals have to part ways with their home they worked so hard to afford and have to walk away from the memories that were made inside of it when they divorce.
But what if you are going through a divorce and aren’t willing to just walk away from your home? What if you simply don’t want to give up the house where you and/or your children have lived for the last decade or so? What can you do to ensure you get to keep your home once your divorce is finalized?
If this is currently a concern of yours, then you have come to the right place.
Before we can say that there is a sure way to keep your home and all you have to do is follow X, Y, and Z, there are some important things you need to be aware of in terms of how the state of South Carolina divides assets that were acquired in marriage. Assuming that both you and your spouse own the home, which would make it “marital property,” the courts won’t just award one party or the other with the rights to the home or any other marital property until they have taken into account the following:
- The duration of your marriage.
- Your age along with your spouse’s at the time you got married and at the time you separated and/or filed for divorce.
- Marital misconduct or fault of either or both parties.
- What the value of the marital property currently is and whether it is located within the state.
- Both you and your spouse’s contribution to the “acquisition, preservation, depreciation, or appreciation in value of the marital property, including the contribution of the spouse as homemaker.”
- Each party’s income and earning potential.
- Each party’s physical and emotional health.
- Whether either spouse will need “additional training or education” to raise their income level.
- What each party’s nonmarital property amounts to.
- The existence or nonexistence of vested retirement benefits for both you and your spouse.
- If separate maintenance or alimony has been awarded.
- “The desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children.”
- The tax consequences that exist for either party “as a result of any particular form of equitable apportionment.”
- Other obligations from prior marriages.
- Whether there are any liens or any other forms of debt on the marital property, which will need to be equally divided.
- Child custody arrangements.
- Other factors the trial court deems appropriate to consider.
Now, given how the state of South Carolina handles the division of property, if you want to increase your chances of being awarded the rights to your home, then you should consider hiring a Greenville, SC divorce lawyer. The reason being is that they can help you and your soon to be ex-spouse come to an agreement on your own that could potentially allow you to keep your home or they can present evidence to the courts that signify why you are entitled to having ownership of it.
The truth is, there may be certain laws that can be used to your benefit that you simply aren’t aware of that a divorce attorney can use to help get you the rights to your home once your divorce has been finalized. This way, you aren’t forced to into a new home and relocate your children if you have any to a new place during a time when many changes are already happening. So, if you are ready to speak with a qualified and compassionate divorce lawyer in Greenville, SC who understands just how difficult this time may be for you who is prepared to help you obtain a favorable outcome, contact attorney Linda Hayes at the Hayes Law Firm, LLC today.
The Hayes Law Firm, LLC is located at:
870 Cleveland Street, Suite 2D-A
Greenville, SC 29601