Legal Question in Family Law in South Carolina

if a husband has everything in his name and they get a divorce will everything go to him or is it split down the middle? what if he leaves everything to his kids in a will and everything is in his name will his kids get it all even if the wife is still alive?


Asked on 10/09/09, 2:48 pm

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

The Court doesn't focus on whose name the assets are titled in, so long as they are titled in the husband's name, the wife's name, or both. The key issues are when the assets were obtained and how they were obtained. The marital assets and debts are typically divided roughly equally between the parties in most divorce cases in SC.

As for the inheritance issue, it is impossible to completely disinherit a spouse in SC. Even if the husband omits the wife from his will, she is still entitled to exercise an elective share to obtain a portion of his estate.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 10/14/09, 9:44 pm


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