Fort Mill Property Division Lawyer

Property division is one of most contentious aspects of divorce and legal separation cases. Understanding what is yours, what is your spouse’s, and what is both of yours can be difficult. A property division attorney can be integral in standing up for your rights during property division in a Fort Mill divorce case. David W. Martin Attorney at Law, LLC, can represent you during mediation or a divorce trial, making sure you have a voice. We’ll help you achieve the best possible outcomes for your case.

What Does the Fort Mill Law Say?

Like most states, South Carolina follows the laws of equitable property division in divorce cases. This means that the courts will divide all marital property between spouses according to what is fair and equitable. The length of the marriage, ages of spouses, the income of each spouse, child custody arrangements, marital misconduct, and many other factors will determine who gets what after a divorce. “Marital property” includes all assets the couple acquired during the marriage.

Assets each spouse had prior to the marriage are not marital property, nor are gifts or inheritance to one spouse. If a prenuptial agreement or written contract excludes money or assets from one spouse, exclusions are also not marital property. The courts cannot divide non-marital properties. How the courts divide your property after a marriage depends upon whether you file a fault or no-fault divorce.

In no-fault divorce cases, the courts will generally divide property as evenly as possible. If one spouse is at fault for the divorce, however (e.g., the spouse committed adultery), the courts may award the at-fault party accordingly. It is usually worth the effort to try to work out your own property division agreement with your spouse during mediation rather than taking your case to trial. Otherwise, a judge will be the final decider in the division of assets, properties, and debts.

How Can a Property Division Attorney Help You?

Property division does not have to be equal to be fair in South Carolina, what is “fair” depends on specific circumstances. A Fort Mill property division lawyer can help you present your side of the story to the family courts. Whether you are the person who filed for divorce or the defendant in your case, we can help you protect your rights and argue for a fairer distribution of marital property. Without an attorney that is well-versed in property division law, you could find yourself in an unsatisfactory property division court order – especially if your spouse has hired an attorney.

A lawyer can be of assistance in both contested and uncontested divorce cases in South Carolina. Even if you and your spouse are on the same page about how to divide assets, bank accounts, income, and debts, one of our Fort Mill family law attorney can make the mediation process smoother. We can work with you every step of the way, taking care of the paperwork your case requires. We’ll explain your rights, evaluate your assets, argue the difference between marital and non-marital properties, and stand up for your rights in front of a judge.

Attorney David W. Martin knows how to make even something as complex as property division simple for couples in Fort Mill. We can help settle disputes over a family home, jewelry, valuable pieces of art, and intangible property such as income, benefits, and debts. Our Fort Mill property division attorney team can help you hold your spouse responsible for debts he or she incurred during your marriage. We can also help you prove that your spouse’s misconduct impacted your property. Enlist our assistance for dividing property during your divorce case. Call (803) 577-5590 or contact us online for your first consultation today.


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(803) 577-5590


111 Clebourne Street, Suite 200-E, Fort Mill, SC 29715

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