Marital property vs. Non-marital property

Posted by Leslie SarjiApr 01, 20160 Comments

Marital property is property that was (1) acquired during the marriage; and (2) owned as of the date of filing or the beginning of marital litigation. S.C. Code Ann. § 20-3-630.

Non-marital property is property that is (1) acquired by either party by inheritance or gift from a party other than the spouse; (2) is acquired by either party before the marriage and after the happening of the entry of a temporary order in a divorce or separate maintenance action, the formal signing of a written property or marital settlement agreement, or entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties; (3) excluded by written contract of the parties, i.e., in a pre-nuptial agreement or antenuptial agreement; (4) any increase in value in non-marital property, except to the extent that the increase resulted directly or indirectly from the efforts of the other spouse during the marriage. S.C. Code Ann. § 20-3-630.

Gifts between spouses are marital property which is subject to division by the Court.

The Family Court does not have jurisdiction or authority to apportion non-marital property.

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