Tim Amey
1495 Remount Rd.
North Charleston, SC 29406
  Charleston LawyerTim Amey / Facebook Charleston Lawyer Tim Amey / Twitter Charleston Lawyer Tim Amey / LinkedIn Charleston DUI LawyerTim Amey / Google+

Division of property »

North Charleston Divorce Lawyer - Division of Property

North Charleston Divorce Lawyer - Division of Property

North Charleston divorce lawyer Tim Amey

knows that there is a lot at stake in in every divorce.  On unavoidable question is how property is going to be divided.  In SC, the court divides marital property—the assets and debts you jointly acquired and owned during your marriage—equitably when you divorce.  Equitable distribution means fair, not necessarily equal, distribution.  Equitable distribution of marital property typically requires a four-step process.

To start, there must be a determination of what property is to be divided between the parties.  Under South Carolina law, marital property is all real and personal property (as well as debts) acquired during the marriage and owned at the date of filing or commencement of the marital litigation, regardless of how legal title is held.

Once the marital property is determined,

a valuation must be given to those assets and debts which quality.  From there, it must be further determined what portion each spouse is entitled to receive.  In many cases, the marital property is split 50/50.  But that is not always true, depending on the factors outlined below.

Naturally, once those proper proportions have been assigned, the question becomes one of who gets what?  In shaping how this question is answered, the advocacy of North Charleston divorce attorney Tim Amey can help make sure the assessments and divisions are accurate and fair.  Rare is it ever the case that you are dealing with round numbers fittingeasily into the respective assignments of proportion.  But by way of example, if the wife gets the vehicle worth approximately $18,000.00, in return the husband might get a savings account worth approximately the same amount.

Some property, however, is considered separate and not marital property, including property acquired:

When a Judge does go through the four-stage process of dividing marital property here are many of the factors that come into consideration:

Practicing Family & Divorce Law

in Charleston, North Charleston, Mount Pleasant, James Island, Goose Creek, Summerville, Johns Island, West Ashley and Folly Beach, Divorce Attorney Tim Amey is here to lend a helping hand, and to ensure that you receive your fair share.  Call today for a consultation.