Legal Question in Family Law in South Carolina

Buying a House to get out of a Bad Marriage

My mom wants to buy a house to get out of a bad marriage and to provide a better home enviroment for her children. She still lives in the same house as her husband and has not told him that she is leaving. She plans to move and serve him with papers after she purchases the house. Would her husband have any legal right to claim ownership of the house she has bought and would he be entitiled to any of that houses value when the assets are devided in court? Thank you for your help.


Asked on 11/21/01, 8:33 am

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: Buying a House to get out of a Bad Marriage

Anything she buys will be considered a marital asset, if it is bought with marital funds, which I am assuming she will be using to buy the house. At the time of the divorce, ALL marital assests will be considered. However, I don't have enough information here to advise further. There are many considerations that the court looks at when dividing assests and I would need to know a lot more about the marriage to tell you more.

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Answered on 11/24/01, 8:48 am


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