If you are considering divorce, one of your first questions is likely, “Which assets will I be able to keep?” We recommend that you speak with a lawyer about your case before assuming that you will lose your home or other property.
At Braddock Law Firm, LLC, in Florence, we know that you will have concerns about the division of property during divorce. We will review your case and explain how the law applies to you. With more than 15 years of experience, Bryan has a thorough understanding of South Carolina divorce law and equitable property division. You will discuss your marital and nonmarital assets, or your equity in them, and how they may be protected.
Valuing And Dividing Marital Assets
South Carolina is an equitable distribution state. This means that the court will attempt to divide property in a way that is fair to both parties. This may be a 50-50 division, but each case varies.
One of the most important steps in property division is determining whether each asset is marital or nonmarital. We may also need to determine if any nonmarital assets have become marital during the marriage, a process called transmutation. Special equity interests may have also been created in otherwise nonmarital assets.
Once the marital estate has been identified, we must value the assets. Marital assets may include real estate, personal property, vehicles, jewelry, businesses, investments, pensions, retirement accounts, financial accounts and intellectual property. We have experience valuing complex assets, and will use personal property appraisers, certified public accountants (CPAs), business valuators and real property appraisers when necessary to ensure an accurate valuation.
We will argue for a property settlement agreement that is fair to you. If you had a prenuptial agreement, we will determine how the terms apply.