Do I have to sell my house in a divorce in Summerville?

If you own a house in Summerville, SC and you are dealing with divorce, this page covers what actually happens next — the local timeline, what it costs, and the options that stay open to you. Everything below is specific to Summerville and how sales are handled in SC, not generic national advice.

Direct Answer

No, you do not always have to sell your house during a divorce in Summerville, South Carolina. However, because South Carolina is an "equitable distribution" state, a judge has the power to order a sale if you and your spouse cannot agree on what to do with the home. While the court prefers that couples reach their own agreement, if neither spouse can afford to buy the other out or if the home is the only major asset you own, a forced sale may be the only way to ensure both parties receive a fair share of the marriage's value.

Key Details

In South Carolina, the process of dividing property is called equitable apportionment. Unlike "community property" states where everything is split exactly 50/50, South Carolina focus on what is "fair" based on the specific facts of your marriage. When it comes to the marital home, there are generally three ways the situation is handled:

1. One Spouse Buys Out the Other

If you want to keep the house, you can "buy out" your spouse’s share of the equity. Equity is the market value of the home minus what you still owe on the mortgage. To do this, you usually need to refinance the home in your name only and pay your spouse their portion of the equity in cash. This is a popular option if one parent wants to keep the children in their current school district in Summerville.

2. Offsetting Assets

If you don't have the cash to buy out your spouse, you might give up other assets instead. For example, you might keep the house while your spouse keeps the full value of a retirement account or a different piece of property. This allows one person to stay in the home without needing to sell it or come up with a large cash payment immediately.

3. Selling the Home and Splitting the Profit

If neither spouse can afford the mortgage alone, or if you cannot agree on a buyout, the court will likely order the home to be sold. Once the house is sold and the mortgage and closing costs are paid, the remaining profit (the proceeds) is divided between both spouses according to the percentages set by the judge.

4. Deferred Sale (Exclusive Use)

In some cases, especially when minor children are involved, a judge may grant "exclusive use and possession" of the home to the custodial parent for a specific period (such as until the youngest child graduates high school). After that time, the house is sold and the money is split.

SC-Specific Laws

South Carolina law regarding property division is found in S.C. Code § 20-3-620. This statute lists 15 specific factors that judges must consider when deciding who gets what. These factors include:

• Duration of the Marriage: How long were you married? Longer marriages often lead to a more equal split.
• Marital Misconduct: South Carolina is unique because "fault" (like adultery or physical abuse) can actually affect how property is divided if the misconduct led to the end of the marriage or affected the couple's finances.
• Contributions to the Home: This includes direct financial contributions (paying the mortgage) and indirect contributions (homemaking, taking care of children, or DIY home improvements).
• Income and Earning Potential: The judge looks at how much each person earns and their ability to support themselves after the divorce.
• Child Custody: Section 20-3-620(10) specifically mentions the "desirability of awarding the family home" to the spouse who has custody of the children.

Residency and Timelines: To file for divorce in South Carolina, you must meet residency requirements under S.C. Code § 20-3-30. If both you and your spouse live in SC, you must have lived here for at least three months. If only one of you lives in SC, that person must have been a resident for at least one year before filing. If you are seeking a "no-fault" divorce, you must live separate and apart for a full year before the divorce can be finalized.

Summerville Local Context

Because Summerville sits at the intersection of three different counties—Dorchester, Berkeley, and Charleston—the specific court where you file will depend on where you live.

• Dorchester County: Most Summerville residents will deal with the Dorchester County Family Court. The Troy Knight Judicial Complex is located right in Summerville at 212 Deming Way, Summerville, SC 29483.
• Berkeley County: If you live in the Berkeley County portion of Summerville (like Nexton or parts of Cane Bay), your case will likely be heard at the Berkeley County Family Court in Moncks Corner.
• Mediation Requirements: In the Lowcountry, including Dorchester and Berkeley counties, the court almost always requires couples to attend mediation before they are allowed to have a trial. This is a process where a neutral third party helps you try to agree on the house and other assets so a judge doesn't have to decide for you.

What You Can Do Right Now

1. Get a Professional Appraisal: You cannot decide whether to sell or buy out your spouse until you know what the house is actually worth in today's Summerville market. Do not rely on Zillow; hire a licensed appraiser.
2. Check Your Mortgage: Contact your lender to see if you are eligible to refinance the home on your own. If you cannot qualify for a loan by yourself, keeping the house might not be a realistic option.
3. Gather Records: Collect your deed, current mortgage statements, and records of any major home improvements you paid for.
4. Consult a Local Attorney: Because South Carolina's "equitable distribution" rules are complex, a lawyer familiar with the Dorchester or Berkeley County court systems can help you argue why keeping the home is the most "equitable" (fair) outcome for your situation.