QUESTION

What do I need to do to keep personal residence. I am married less than one year and I purchased home before marriage. She moved in then we married.

Asked on Oct 01st, 2013 on Divorce - South Carolina
More details to this question:
We do not have any children together. She has two children 14 and 12. We can't live together..irreconcilable differences. She can't afford to keep house and I can't afford to pay mortgage and pay to live somewhere else. It is in my name.
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1 ANSWER

This answer does not create an attorney/client relationship.  I am a S.C. attorney as well as a S.C. board certified internist.  Irreconcilable differences is not a fault ground in S.C.  You need to live separate and apart (at different addresses) for one year in S.C. to obtain a no fault divorce.  S.C. is an equitable distribution state.  If she kept the home up, made repairs to the home, payed on the mortgage, etc., she may have an equitable interest (probably a small one) in the house, but that is up to the Family Law Judge who hears the case.  Fault grounds in S.C. include (1) physical abuse; (2) adultery, (3) habitual drunkenness (includes drugs) and (4) desertion for one year.  This is why a prenuptial agreement in writing is so important in marriage.  You probably will need the services of a lawyer to protect your intersts.   Regards, Michael G. Sribnick, M.D., J.D. Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com
Answered on Oct 02nd, 2013 at 6:58 PM

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