How the marital home is generally handled in South Carolina
South Carolina courts divide marital property equitably, which means fairly given the circumstances, not automatically 50/50. Spouses often reach their own agreement instead, and a signed agreement approved by the court avoids a fight over the house. Your attorney handles that part — we are not attorneys and do not give legal advice.
Practically, if both names are on the deed, both spouses have to sign the contract and the deed at closing. If only one name is on the deed, marital-interest rules may still require the other spouse to sign. The closing attorney will confirm what is needed.
Three common outcomes
- One spouse refinances and buys out the other's share of the equity
- The house is sold and the net proceeds are divided per the agreement or court order
- One spouse stays temporarily, often with a set date to sell later
Why a cash sale fits this situation
A listing requires two people who are separating to cooperate on repairs, pricing, showings and counteroffers for months. A cash sale is one offer, one closing date, and no strangers walking through the house. Proceeds go to the closing attorney and are disbursed according to your agreement or the court's order.
It is also private. There are no MLS photos, no yard sign, and no neighbors touring your home.
Frequently asked questions
Can we sell before the divorce is final?+−
Often yes, if both spouses agree or the court permits it. Your attorneys will confirm what your case allows.
Who receives the money at closing?+−
The closing attorney disburses proceeds according to your written agreement or court order — commonly split between the spouses after the mortgage and costs are paid.
What if one spouse refuses to sell?+−
Then it typically becomes an issue for the court or for negotiation between attorneys. We can hold a written offer open while that gets resolved.
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