Legal Question in Family Law in South Carolina

Legal separation and divorce

I AM IN THE PROCESS OF OBTAINING A LEGAL SEPARATION WITH THE INTENT FOR DIVORCE. iF DURING THE TIME OF THE LEGAL SEPARATION, I WERE TO PURCHASE A HOME IN MY NAME SOLEY, WOULD MY SPOUSE HAVE ANY RIGHTS TO THAT PROPERTY?


Asked on 3/19/07, 1:34 pm

1 Answer from Attorneys

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

Re: Legal separation and divorce

The answer typically is "no". There are certain situations that could result in him having a claim to some of the equity in your new home, but they are the exceptions rather than the rule.

Generally, marital assets are assets acquired during the marriage with marital funds. You don't reference the source of funds used to purchase the new house, but they were probably already in existance at the time you separated so they most likely have already been addressed in your separation.

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 3/19/07, 1:39 pm


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