South Carolina Marital Property Division Lawyers
South Carolina is an equitable distribution state. This means that divorcing couples must divide their marital property equitably, rather than equally. Many factors go into determining an equitable distribution. At our Charleston, South Carolina, law firm, we advise clients on this matter, making sure their interests are protected.
Equitable vs. equal
At Uricchio, Howe, Krell, Jacobson, Toporek, Theos & Keith P.A., our attorneys know that conflict over the division of marital property is always possible. We educate clients about their options and their rights. Although the court tries to divide marital assets equally, it is not always appropriate. Our lawyers ensure that clients are advised fully when their situation requires a distribution that deviates from the norm. We make sure their assets are protected.
Marital vs. non-marital property
It is important to distinguish between marital and non-marital property. However, there are circumstances where marital and non-marital property was mingled or transmuted. It is important to speak with lawyers who are able to untangle the different types of property and correctly categorize it.
Identifying marital property
Marital property is assumed to be anything acquired during the marriage. In addition to houses and cars, marital property can include art works, pension plans, life insurance, 401Ks, furniture and bank accounts. It can also include businesses, investment real estate and stock accounts. It also includes marital debt. In some cases it is necessary to use investigators, appraisers and accountants to be sure that all property is included. We work with such specialists regularly.
Factors that go into marital property division
Once property is accounted for and classified, it needs to be divided according to the law. The court uses many factors in determining equitable division. These can include the length of the marriage, the existence of a prenuptial agreement, payment or receipt of child support or alimony, and special health or education needs that can be addressed through property distribution.
Our law firm works efficiently so that this process works smoothly and clients can move forward with their lives. However, we never skimp on the details, something that can be critical during marital property division. For more information, contact our Charleston law firm. Call (843) 723-7491.
