South Carolina is an equitable distribution state. This means that marital property is divided fairly, not necessarily equally, between divorcing spouses. Determining what constitutes marital property, including the family home, is a crucial step in the divorce process. For example, a home purchased during the marriage is typically considered marital property, subject to division. However, a home owned by one spouse before the marriage, or received as an inheritance or gift during the marriage, might be considered separate property and not subject to division.
Understanding how property division works in South Carolina provides critical context for navigating the complexities of divorce. A clear understanding of the state’s equitable distribution laws can empower individuals to make informed decisions about their future and protect their financial interests. Historically, many states operated under common-law property rules where ownership remained with the spouse who held title. The shift towards equitable distribution aims to create a fairer outcome, recognizing both spouses’ contributions to the marriage, whether financial or otherwise.