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Ask Our Divorce Lawyer: Who Gets The House Following A Divorce In SC?

Press Release

With many years of experience in Rock Hill family law, the Howze Law Firm’s divorce lawyer can provide you with invaluable knowledge and information to help make your divorce a successful result.

The Rock Hill divorce lawyer at The Howze Law Firm, LLC expressed that divorce is one of the most difficult decisions a person can make in life. It can be mentally draining, financially taxing, and emotionally scarring for both parties involved. And one of the most asked and challenging questions during a divorce is who gets the house.

The experienced divorce attorney at The Howze Law Firm said the short answer is that it is entirely dependent on the circumstances of each individual case. The long answer can be a bit more complicated.

When a married couple in South Carolina decides to divorce, they must determine how to divide their property. This can be a difficult and emotional process, as couples often have many sentimental attachments to their possessions. The court will typically divide property in a fair and equitable manner, considering the financial needs of both parties.

When it comes to personal property, it is best for the parties to come up with a resolution to divide the personal property on their own.  It generally does not make sense to spend money paying for an attorney, or two or three if there is mediation involved to divide up the personal property.  Unless the property has some sentimental value or great expense, it is best for the parties to work through that issue on their own.

Most times the marital home may be the asset with the most value in a marriage.  It is not uncommon for spouses to have different opinions about what should happen to the family home following a divorce. In some cases, one spouse may want to keep the home, and the other may want to sell it. If you are in this situation, you may be wondering if you can keep the home if your spouse does not want it — a nearby divorce lawyer can determine this for you.

When determining who keeps the home, the court may consider such factors as which spouse can pay for the home, which parent has custody of the children, and how the other spouse would obtain their equity out of the home if the home is not sold.  The court may look to other marital assets for equity if there are other assets.

It is important that you consult with an experienced Rock Hill divorce lawyer who can help advise you on how to protect your best interests throughout the entire divorce process. Your divorce lawyer will be able to help negotiate a fair and equitable division of assets on your behalf, including any interest you have in the family home.

About Howze Law Firm, LLC

Tracy Bomar-Howze is a Rock Hill divorce attorney at The Howze Law Firm, LLC. She is admitted to practice in Michigan Trial Courts, South Carolina Trial Courts, the United States District Court for the District of South Carolina, and the United States Bankruptcy Court for the District of South Carolina. Tracy has been an attorney for many years, practicing in a wide range of legal areas, including family law and bankruptcy.

Contact The Howze Law Firm, LLC, for help with your legal matter!

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