For most couples, the house is the biggest shared asset and the hardest decision in a divorce. Knowing your options can take some of the stress out of it.
Who Decides What Happens to the House?
South Carolina divides marital property through "equitable distribution," which means fairly, though not always 50/50. Spouses can agree on what happens to the house, or the family court can decide. If both names are on the deed, both owners must sign to sell.
Your Main Options
- One spouse buys the other out, usually by refinancing the mortgage into their own name.
- Sell the house and split the proceeds according to your agreement or court order.
- Keep owning it together for a while. This can work short-term, but it ties you to your ex financially, often longer than either of you wants.
Timing Matters
A no-fault divorce in South Carolina requires living separate and apart for one year. That's a long time to share a mortgage payment, utilities, and repairs on a house one of you may have moved out of. Many couples choose to sell sooner, with both attorneys' approval, so neither person is stuck carrying the house alone.
When a Fast Cash Sale Makes Sense
- You both want a clean break and a quick, certain closing
- You can't agree on a listing price, repairs, or showing schedules
- The house needs work neither of you wants to pay for
- You're falling behind on the mortgage
A cash offer gives you one number and one closing date. At closing, the South Carolina closing attorney pays off the mortgage and divides the proceeds according to your agreement.
Keep Your Attorney in the Loop
Before you sign anything, make sure your divorce attorney reviews the sale. Then, if a quick sale is the right move, Restart Homes can make a fair cash offer on your house as-is across the Upstate. Request your no-obligation cash offer or check our service areas.
This article is general information, not legal advice. For your specific situation, talk to a South Carolina attorney.