What happens to the house when you get divorced?

What happens to the house when you get divorced? Am I entitled to half of the house? 

Yes, as long as the house is marital property. Marital property is defined as all real and personal property acquired during the marriage.  It is irrelevant whose name the home is in because it is still considered marital property if it was acquired during marriage.

In the family court of South Carolina nonmarital property can become marital property through a process called transmutation.  Property that is nonmarital when acquired may be transmuted into marital property in three ways: (1) it becomes so commingled with marital property that it is no longer traceable, (2) it is titled jointly, or (3) it “s used by the parties in support of the marriage or in some other way that establishes the parties intent to make it marital property.

Contributing to the mortgage payment or towards home improvements both offer you a good chance of receiving an interest in the property.  Of course, the exposure may be limited to any equity that was gained during the time that you took those actions.

Please remember that each divorce case is unique and the information discussed above can often affected by a number of factors.  Therefore, do not take this blog as legal advice and be sure to consult with an attorney.

If you have any questions about divorce, child custody, or family law in general, we urge you to contact us.  In order to be flexible and convenient, we have open office hours, and easy appointment scheduling. Contact us today and schedule your confidential consultation.

Our law office serves people across the Upstate, South Carolina, including: Greenville, Spartanburg, Anderson, Pickens, Laurens, and Oconee counties.