Legal Question in Family Law in South Carolina

Re: property

If you purchased the house while married to the person who is now occupying it and making the

mortgage payments, the house would appear to qualify as a marital asset even though it's only in your name, and if you were to sell it as such, you would most likely convey the property with what in

the law of real property is known as a clouded title.

As a matter of fact no title insurance company would agree to issue a policy as long as the property had this encumbrance, and, therefore, no

prospective purchaser would be able to get a mortgage on the property.

One approach to remedy this situation would be to

arrange an agreement with your spouse to settle

equitably whatever interest she claims in the property(you pay her off for whatever this is worth),

and then have her execute a quitclaim deed which is then recorded at the city or county court where the property is located. This should clear the cloud

off the title and make the property elgible for a mortgage and title insurance.