QUESTION
My wife wants a divorce and I want to keep my house
Asked on Nov 21st, 2016 on Divorce - South Carolina
More details to this question:
My wife wants a divorce. She is a green card holder from Germany. We were married for 15 years. We lived overseas for the majority of our marriage while I worked as a department of defense contractor for the military. I bought a house in January 2014. I took a job in Hawaii making great money and my wife decided not to join me in Hawaii. She has been hounding me for months to put her name on my house loan and car loan. She has also requested me to open her own bank account and wire her 700 dollars each month. I haven't put her name on any of my assets.. My wife has a property in Germany that she can sell for 180K to 200K. My name is not on wife's home as well. She has stated that she wants a divorce and wants to see what she is entitled to. I have also paid the remaining debt of about 75K on my wife's home in Germany. Is it possible for me to keep my house since my wife has a house in Germany? My wife is willing to walk away from our marriage on her own terms. What are my rights?
1 ANSWER
South Carolina is an "equitable distribution" state. Generally, parties' marital assets are going to be divided equally. Date of acquisition, and source of funds for purchase are two of the numerous factors considered when determining if an asset is "marital." The issue of being named on title of an asset has a significantly minimized role in determing if an asset is "marital." When parties are contemplating separation or divorce, the best practice would be to avoid transfering assets, or making major financial decisions or changes without legal advice based on a full review of the situation.
Answered on Nov 29th, 2016 at 6:00 AM
Christopher P. Biering, Esquire Biering Law Firm, PC www.bieringlaw.com