Why the House Matters in Divorce
For many Lexington families, the home isn’t just the biggest financial asset — it’s where memories were made. Deciding who keeps it after divorce can be one of the hardest parts of property division.
South Carolina follows equitable distribution, which means property is divided fairly — not always equally.
Marital vs. Non-Marital Property
Before deciding who keeps the house, the court must determine whether it’s marital property (subject to division) or non-marital property (belonging to one spouse).
- Marital property: Purchased or paid for during the marriage, regardless of whose name is on the deed.
- Non-marital property: Owned before marriage, inherited, or received as a personal gift.
Even if one spouse bought the home before marriage, if marital funds were used to pay the mortgage or improve it, part of the value may still be divided.
How Lexington Family Courts Decide
Judges in Lexington County consider several factors when deciding who gets the house:
- Each spouse’s income and financial stability.
- Who has primary custody of the children.
- Contributions to the home, including maintenance or payments.
- The emotional and practical impact of moving on the children.
- Whether selling the home is more equitable than awarding it to one spouse.
Options for Dividing the Home
There are typically three main outcomes:
- One spouse keeps the home. The other may receive a buyout or other assets of equal value.
- The home is sold. Proceeds are divided based on the court’s order or the couple’s agreement.
- Deferred sale. The custodial parent may stay in the home until the children reach adulthood, then the house is sold.
Each option has emotional and financial trade-offs that should be discussed with an attorney.
Quick FAQs
Can I keep the house if my name isn’t on the deed?
Possibly. If it’s marital property, the court still considers your contributions.
Does the higher earner automatically get the house?
No. The court divides property based on fairness, not just income.
Can we agree to sell the house before the divorce is final?
Yes, if both parties agree and the court approves.
Your home represents more than just property — it’s stability and future security. Call The Farley Law Firm today to schedule a confidential consultation and learn your options for protecting your home in a Lexington divorce.
Disclaimer
This information is for general education only and is not legal advice. Schedule a consultation to discuss your situation.