Equitable Apportionment of Property in South Carolina
Understanding Property Division in Separation and Divorce
When a couple divorces, any assets or property acquired during the marriage have to be divided between both parties. South Carolina’s marital property laws are equitable distribution laws, and filing an equitable apportionment claim begins the sometimes difficult process of dividing up the marital property after divorce.
In equitable apportionment cases the Court has the power, and duty, to make a fair and equitable division of all marital property accumulated during the marriage. At Sodoma Law York we understand how challenging it can be to decide who should get to stay in the marital home, who should pay the mortgage, and who should be responsible for joint debt. We are here to help you and your spouse come to an agreement on apportionment issues in a timely, respectful, and cost-effective manner.
Marital property includes all real and personal property that has been acquired by the parties during the marriage, and is owned at the date of filing or commencement of marital litigation regardless of title. Marital property may also include the enhancement or appreciation in value of non-marital property as a result of efforts of the other spouse during the marriage or from contribution to, or expenditure of, marital funds or assets. Unless the parties can otherwise agree, the court will take responsibility of determining the property to be divided, the worth of the marital property, the portion of the property each spouse is entitled to, and exactly how the property shall be divided.
It is important to note that “equitable” apportionment does not always mean “equal.” Courts are not required to divide assets evenly between spouses, and each case’s unique circumstances can influence the outcome of the apportionment process.
There are a number of factors the Court will consider in determining the percentage of assets each spouse will receive. The attorneys at Sodoma Law York take great care in learning about each asset and debt in your case and can assist you in obtaining the appropriate documents to make the best assessment of your equitable apportionment claim.
Dividing Any and All Kinds of Marital Estates
Our divorce attorneys have helped clients with a diverse range of assets and debts, from sizable estates to smaller properties. Some assets, such as bank accounts, can be relatively easy to divide. Others, including family businesses and retirement accounts, may be more complicated. Regardless of the type of property being divided, each case requires a great deal of care and advocacy to ensure both parties’ needs are fairly met.
We strive to maintain close relationships with local finance and business experts who can assist with apportionment claims by offering accurate valuations on the marital home, of family businesses and their assets, pensions, collection, and other items of significant value. At Sodoma Law York we know that equitable apportionment of a marital estate is not just about the money. As with every aspect of your divorce, our goal is to guide you successfully through a difficult transition, while minimizing the stress. At Sodoma Law York our attorneys can firmly and assertively litigate equitable apportionment issues, and we are also seasoned negotiators who have resolved cases through alternative dispute resolution.
If you and your spouse need to divide your property due to separation or divorce, Sodoma Law can help. We work with clients all throughout South Carolina, and we look forward to serving you and your family. Please contact us for more information
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