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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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Need more input: Pre-marital Home Home is pre-marital (Owned

Customer Question

Need more input: Pre-marital HomeHome is pre-marital (Owned since 2002). Married in 2010. Date of separation: 12/2015.House payment was made from joint checking account. No improvement made to home during marriage. Bulk of financial input made by one spouse (85%). Owner of home.Question made earlier on site but response was that house was purchased together. House is pre-marital.Question:Is house transmuted? What is spouse entitled? Half pay down or gains made in house during marriage? Spouse made very little financial input to marriage or house.Question -
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.


This is Samuel and I will discuss this and provide the clarification for you.

If the home was purchased prior to the marriage and any marital funds - such as your wages and the wages of the spouse - or if the account from which the mortgage has been paid was a joint account, then any equity accumulated from the date of the marriage until the date of separation and joint funds no longer are used to make mortgage payments would be consider marital. That means the spouse is entitled to a percentage of the accumulated equity. South Carolina is an "equitable distribution" state. So a court is going to evaluate the amount of money the spouse has contributed to the mortgage and other maintenance on the home.

Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.