Legal Question in Family Law in South Carolina
Marital property
My mother owns a house in South Carolina in which I live in with my daughter while my husband is serving in Iraq. My mother re-married and now lives in North Carolina with her new husband. My question is, if something happened to my mother would her husband now have any rights to the house she owns in South Carolina? What can she do to keep it from falling into his hands which she is trying to prevent from happening? She has owned the home in South Carolina for more than 20 years.
1 Answer from Attorneys
Re: Marital property
I cannot answer the question from the North Carolina perspective, as I am not licensed there. However, under SC law, the husband may have an interest in the house, depending on the facts of the case. If marital funds were used to pay for (or toward) the house, the chances are greatly increased.
If she wants to keep it from falling into his hands, she may want to consider transferring it to you now or at least making you a part owner.
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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