How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30168
Experience:  Attorney with experience in family law.
26798026
Type Your Family Law Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

I have recently discovered that the house which my ex-wife

This answer was rated:

I have recently discovered that the house which my ex-wife purchased, with my money, is not titled in both names. I understand that in the state of South Carolina any acquisition of real property while still married is community property. This house was not mentioned in any settlement agreement. If so how do I go about to claim my portion of this property?
Thank you,
PT
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

I just want to clarify two things.
1. It sounds like the divorce is now final - is that right?
2. Is there any document, signed by the judge, that mentions the house at all? If so, what does it say?

It's OK if you don't have the documents with you right now, but it would really help to have the exact language if at all possible, if you can get them.
Customer: replied 5 years ago.
Lucy,
Yes the divorce is final. The only house mentioned in the documents was the home we lived in on Kiawah Island, SC.

Thanks,

PT
That makes it sound like there was a mistake in the judgment - the house should have been included. S.C. Code of Laws, Section 20-3-630 defines marital property as "all real and personal property which has been acquired by the parties during the marriage and which is owned as of the date of filing or commencement of marital litigation as provided in Section 20-3-620 regardless of how legal title is held". The house falls within that definition.

You have the option of filing a motion to correct the divorce decree, based on mistake or excusable neglect, noting that this piece of marital property was not included, and asking the judge to award half to each of you. If your ex-wife is currently in possession of the house, she'll have the option of paying you half the equity or selling the house and giving you half the proceeds from the sale.

Please rate my service before signing out, as this is the only way that I get credit for the time I spend helping you. I hope that you are 100% satisfied - if not, please click "reply" so that we may continue the conversation. Good luck.
Customer: replied 5 years ago.
Dear Lucy,
Can I file this motion or do I need an attorney?

Thank you,

Phil
You can do it yourself. You don't need to hire a lawyer unless you want one.
Lucy, Esq. and other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
Do you know an attorney in Charleston,SC that you would recommend?
Thank you,
Phillip Tumminia
We're unfortunately not permitted to make specific lawyer referrals. The South Carolina Bar Association has a referral service that may help.
http://www.scbar.org/publicservices/findalawyer.aspx
Lucy, Esq. and other Family Law Specialists are ready to help you