Property Division Lawyers In Lexington, SC

Property division can be a challenging part of the divorce process. South Carolina follows equitable distribution, meaning marital property is divided fairly, though not necessarily equally.

At The Kinard Law Group, our attorneys are experienced in handling complex property division cases. We work with clients in Lexington and surrounding areas, helping to protect their financial interests throughout the divorce process.

Understanding Marital And Separate Property

Determining what constitutes marital versus separate property is a critical step in property division during a divorce. In South Carolina, how assets are classified can significantly impact their distribution between spouses. Marital property typically includes:

• Assets acquired during the marriage: This covers properties, investments and other items purchased or earned while married, regardless of whose name is on the title.
• Income earned by either spouse: Salaries, bonuses and other forms of income generated during the marriage are considered marital property.

Separate property generally consists of:

• Assets owned before the marriage
• Gifts or inheritances received during the marriage

Commingling of assets can complicate property division. For instance, if separate property such as an inheritance is deposited into a joint account or used to purchase a marital asset, it may be considered marital property. Having a knowledgeable attorney is important for protecting your separate property and clarifying which assets are subject to division.

Dividing Assets Through Negotiation Or Litigation

In many cases, property division can be resolved through negotiation. Working with your lawyer, you may be able to reach an agreement that avoids the need for court intervention. When both parties are willing to collaborate, this process can save time, money and emotional stress.

If an agreement cannot be reached, litigation may be necessary. A judge will consider factors like the length of the marriage, each spouse’s financial contributions and their individual needs. The Kinard Law Group’s legal team is prepared to advocate for your best interests in court, making sure that you receive a fair outcome.

Contact Us Today

To protect your financial future during a divorce, contact The Kinard Law Group today. Our attorneys are ready to guide you through the property division process. Use our online contact form or call 803-359-1003 to schedule a consultation.