Determining Marital Property in South Carolina
Part of divorce is knowing what property is marital and what is not. A court can give marital property to either party or split it between the two. On the other hand, the family court cannot do anything to non-marital property. Carolyn Taylor-Cracraft v. Gerald Cracraft is a case showing how courts decide what is and is not marital property.
Case Facts
This case featured a husband and wife fighting over whether certain property was marital or not. The wife received it prior to marriage. This usually makes property non-marital. However, the husband argued that her actions made the property marital. Three things can turn non-marital property into marital property. One, the husband and wife share it so much that it is no longer traceable as one party’s. Two, the couple have a joint title. Or three, the couple uses it to support the marriage or the use shows intent that it is marital property.
Here, the property’s title was only in the wife’s name. The couple hoped to use the property to support their retirement income. Also, the wife wrote a will that showed her intent for the property to remain non-marital. The family court ruled that the property had become marital. The wife appealed.
The Court of Appeals agreed with the wife. It found that the wife’s intent to keep the property non-marital outweighed any intended benefit to the marriage. Throughout the marriage, the wife kept sole ownership of the land. She had chances to give her husband shared ownership but did not. Thus, the court could not divide the property between the husband and wife.
What Property Is Marital?
Knowing what is and is not marital property can help you plan your marriage or divorce. It can be useful to know how to keep property yours in the case of divorce. Also, you may want to know whether a court can divide certain property between you and your spouse.