Marital property is property that was (1) acquired during the marriage; and (2) owned as of the date of filing or the beginning of marital litigation. S.C. Code Ann. § 20-3-630.
Non-marital property is property that is (1) acquired by either party by inheritance or gift from a party other than the spouse; (2) is acquired by either party before the marriage and after the happening of the entry of a temporary order in a divorce or separate maintenance action, the formal signing of a written property or marital settlement agreement, or entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties; (3) excluded by written contract of the parties, i.e., in a pre-nuptial agreement or antenuptial agreement; (4) any increase in value in non-marital property, except to the extent that the increase resulted directly or indirectly from the efforts of the other spouse during the marriage. S.C. Code Ann. § 20-3-630.
Gifts between spouses are marital property which is subject to division by the Court.
The Family Court does not have jurisdiction or authority to apportion non-marital property.
The post Marital property vs. Non-marital property appeared first on Sarji Law Firm, LLC.
At Sarji Law Firm, We Focus On Family Court, Criminal Court, And Appellate Court Cases And We Are Here To Help You Navigate The Legal System.
Please Fill Out The Form Below And We Will Be In Touch Soon.
171 Church Street,
Suite 360 Charleston, SC 29401
