For many couples divorcing in Lexington, SC, the house isn’t just a structure—it’s an emotional anchor and often their biggest asset. So when it comes time to divide things, one question usually rises to the top:
“Should we sell it, or should one of us keep it?”
South Carolina law doesn’t automatically force the sale of the marital home, but there are several key factors to consider before making a decision. Let’s walk through what typically happens and how Lexington family courts handle property division.
Is the House Considered Marital Property?
Most likely, yes.
If the house was purchased during the marriage, it’s generally considered marital property—even if only one spouse’s name is on the deed. If the house was owned before the marriage, it might still be partly marital if marital funds were used to pay the mortgage or make improvements.
South Carolina follows equitable distribution, which means fair doesn’t always mean 50/50. The court looks at the entire picture to decide how to split things.
Option 1: One Spouse Keeps the House
If one person wants to stay in the home—especially if children are involved—there are two key things they’ll need:
- The ability to refinance the mortgage into their name
- Enough equity or assets to “buy out” the other spouse’s share
This option works best when:
- One spouse earns enough income to handle the mortgage
- There’s enough equity to offset with other assets (like retirement accounts or vehicles)
- Keeping the home makes sense for children’s stability
🛑 Watch out: Refinancing isn’t guaranteed. If your credit or income won’t qualify, the judge may order the home sold.
Option 2: Sell the Home and Split the Proceeds
This is often the simplest route—especially when:
- Neither spouse can afford the house alone
- There’s significant equity
- A clean break is needed
The house is listed for sale, and once it’s sold, the proceeds are split based on the court’s division plan. That might be 50/50—or something different, depending on your case.
🧾 Approximate costs to plan for:
- Realtor fees: ~5–6%
- Closing costs: ~2–3%
- Potential repairs or staging expenses
- Mortgage payoff
What Does the Court Consider When Dividing the House?
Lexington family court judges consider several factors, including:
- Who has primary custody of the kids
- Each spouse’s income and ability to afford the home
- Emotional or practical ties to the home
- Whether the home was inherited or gifted
- Contributions to mortgage or maintenance
The court can award the home to one spouse, require a sale, or even delay the sale until the kids graduate high school. Every case is different.
Can You Decide Without the Judge?
Yes—and it’s encouraged. If you and your spouse agree on what happens to the house, you can put that agreement in your divorce settlement and avoid a drawn-out fight in court.
Mediation can also help if you’re close to an agreement but need help working out the details.
Quick FAQ
Q: What if my name isn’t on the deed?
A: You may still be entitled to a share if the home is marital property.
Q: Can we delay selling the house until the kids graduate?
A: Yes, some couples agree (or the court orders) to postpone the sale, called a deferred distribution.
Q: Do we need to split proceeds evenly?
A: Not always. The court may adjust percentages based on the bigger financial picture.
Get Answers Before You Sign Anything
Whether you want to keep the home or sell it, get clear on your rights before making big decisions. A consultation can help you avoid surprises and protect your future.
Call The Farley Law Firm in Lexington today to request a confidential consultation.
Disclaimer
This information is for general education only and is not legal advice. Schedule an appointment to discuss your situation.
Past results do not guarantee a similar outcome.
