Question 1

Which court handles the house in a South Carolina divorce?

Accepted Answer

Family Court. In South Carolina, Family Court hears divorce cases and decides how marital property, including the house, gets divided.

Question 2

Is South Carolina a 50/50 state?

Accepted Answer

No. South Carolina uses equitable distribution, which the law calls “equitable apportionment.” That means a fair split, not an automatic 50/50. The judge weighs factors like how long you were married, what each of you put in, income, debts, and who has custody of the children (S.C. Code § 20-3-620).

Question 3

Is the house marital property if only one of us is on the deed?

Accepted Answer

It can be. Under S.C. Code § 20-3-630, marital property generally means property either of you got during the marriage, no matter whose name is on the title. There are exceptions, like a house one of you owned before the marriage or inherited. Your attorney can tell you which side of the line your house falls on.

Question 4

Can we sell the house before the divorce is final?

Accepted Answer

Often, yes, if you both agree and no court order stops it. If both of you are on the deed, both of you have to sign to sell it, unless the Family Court orders the sale. Even if only one name is on the deed, a pending divorce case can affect a sale, so check with your attorney before anyone signs a contract.

Question 5

What if my spouse won’t agree to sell?

Accepted Answer

Then the Family Court can decide. Under S.C. Code § 20-3-660, the court can order the house sold. It can also order a spouse to sign the deed, and if that spouse refuses, the clerk of court can sign it instead. That takes time and legal fees, so many couples try to agree first, sometimes through mediation.

Question 6

How long do we have to be separated for a no-fault divorce?

Accepted Answer

One year. South Carolina allows a no-fault divorce when you have lived separate and apart, without living together, for one year (S.C. Code § 20-3-10). The other grounds are adultery, desertion for one year, physical cruelty, and habitual drunkenness (including from drugs).

Question 7

How do we split the money from the sale?

Accepted Answer

At closing, the mortgage, any liens, and closing costs get paid first. What’s left is split the way your settlement agreement or court order says. If you both sign written instructions, the closing attorney can hold the money until your agreement or order says how to divide it. Ask your attorney to draft those instructions.

Question 8

Can we sell the house as-is for cash during a divorce?

Accepted Answer

Yes, once you both agree, or the court approves. Selling as-is means no repairs and no showings while the case is going on. We can get you a cash offer within 24 hours, we pay all closing costs, and we can close in as little as seven days once everyone who needs to sign is ready. A cash offer is often lower than a fixed-up retail sale, so compare the net, not just the price.

Selling a House During Divorce in South Carolina

Common questions