Many people believe that if they bought a home before marriage, it’s automatically theirs to keep during a divorce. But South Carolina’s divorce laws are more complicated.
In Lexington County family court, property division follows a system called equitable distribution. And while premarital property is typically protected, there are big exceptions — especially if your spouse contributed to the home or if your name isn’t the only one on the title anymore.
What Is Considered “Separate Property” in South Carolina?
Under SC law, property you acquired before the marriage is considered non-marital (also called separate property). This includes:
- A house you bought before the wedding
- Inheritance or gifts received individually
- Property you owned as a single person
So if the home was yours before the marriage and your spouse was never added to the title, it’s likely to be considered separate property — but not always.
When a Premarital Home Can Become Marital Property
Your house can become marital property if any of the following apply:
- You added your spouse to the deed
- You refinanced the home during the marriage
- You used marital funds to pay the mortgage
- Your spouse helped renovate or maintain the home
- The home’s value increased due to joint effort or investment
This is called commingling — and it’s where ownership gets murky.
Even if you started out as the sole owner, the court may award your spouse a share of the equity or recognize their financial or non-financial contributions.
Equity Can Be Divided Even If Title Isn’t
A common misunderstanding is that “if their name’s not on the deed, they can’t touch it.”
In reality, South Carolina courts can divide the equity in a home even if only one spouse’s name is on the title — if the home was treated as marital property in practice.
For example:
- Your spouse helped pay the mortgage or taxes
- You used your joint account for household repairs
- You both lived there as a married couple for years
In those cases, your spouse may be entitled to part of the appreciation or value increase.
What About Inheritance Homes?
If you inherited the home before or during the marriage, it may still be considered non-marital property — unless you commingled it or added your spouse’s name.
If your family gave you the house and you kept it entirely separate, it’s easier to argue it shouldn’t be divided. But be careful: even moving in together and treating it as “the family home” can raise legal questions.
How Can I Protect My House?
Here are a few ways to strengthen your claim:
- Keep records of down payments, mortgage payments, and who paid what
- Don’t add your spouse to the deed or mortgage unless you intend to share ownership
- Consider a prenuptial or postnuptial agreement to protect the home explicitly
- Keep separate financial accounts for home-related expenses
If you’re already headed for divorce, a Lexington divorce attorney can help you gather the documentation and make the strongest case.
Quick FAQs
What if I paid for everything — do I still have to share?
If marital funds or joint efforts improved the home, your spouse might still have a claim.
We lived in my home, but I never added them to the title — is it safe?
It may still be subject to division if marital funds were used or it became the marital residence.
Can I refinance before the divorce to remove them?
Refinancing alone won’t remove a spouse’s claim — the court looks at history, not just paperwork.
Worried about protecting your home in a divorce? Call The Farley Law Firm in Lexington today to schedule a confidential consultation. We’ll help you understand your rights and what to expect.
Disclaimer
This information is for general education only and not legal advice. Schedule an appointment to discuss your case. Past results do not guarantee a similar outcome.
