Fort Mill Property Division

Fort Mill property division follows the rules of equitable distribution when dividing property between spouses. This does not mean that an even 50/50 split will occur. Instead, the court will consider a number of factors to determine what percentage split would be fair. At Robert J. Reeves P.C., we understand how stressful it can be to wonder what you’ll have left after your divorce. That is why our divorce attorneys work with you from day one to determine your marital estate.

Marital versus Nonmarital Property

The biggest issue in Fort Mill property division is figuring out which assets are marital and which aren’t. Even debt can be marital. Most often, the date you acquire something determines whether it’s marital. If you bought your house after getting married, it’s marital. If you bought your car before getting married, it’s nonmarital.

However, sometimes property that was nonmarital becomes marital. We call this process “transmutation.” This happens when property originally only benefits one party but later benefits both. The most common example is when one party has a home and subsequently marries. That home will likely become the marital home subject to division.

The reason that this is a big deal is because the family court cannot divide what is nonmarital. Thus, if your house is marital, the court may divide it. However, if the house is nonmarital, you’ll get to keep it. That is why defining marital property is the biggest issue in property division.

Fort Mill property division can get very confusing. That is why our divorce attorneys are here to guide you through this process. They will be here to help you with your Fort Mill property division from the beginning. This way, you will keep what you should keep and divide what you should divide.

So, please, contact us today to speak with a divorce attorney and schedule a consultation.