Dividing property and assets can be one of the most challenging aspects of a divorce. Inheritance—which is often left to just one spouse in name—can be especially complicated. You may be wondering: What will happen to inheritance in a divorce in South Carolina? At Charleston Divorce Mediators, we are committed to helping people solve problems. In this article, you will find a guide to key things to know about South Carolina law on inheritance and divorce as well as an overview of why mediation can be an effective option for complex cases.
South Carolina is an Equitable Property Division State
To start, it is important to know that South Carolina follows an equitable distribution standard for divorce. The family court divides marital property in a manner it finds fair under the circumstances. Fair does not mean fifty fifty. The court weighs statutory factors such as the length of the marriage, each spouse’s contributions, marital misconduct, and economic circumstances. To be clear, only marital property is subject to division. Separate property remains with the owning spouse unless it loses that status under South Carolina law. That can have big implications for inheritance.
Understanding Inheritance and Divorce in South Carolina
An inheritance received by one spouse is generally separate property. However, that protection is not absolute. The key risk is a principle called transmutation. If an inherited asset becomes so intertwined with the marriage that it no longer retains a separate character, the court may treat it as marital property. Some common examples include depositing inherited funds into a joint account, using inherited money to purchase or improve the marital home, or titling inherited real estate in both names. Appreciation of an inherited asset matters. Passive appreciation tied solely to market forces typically remains separate. On the other hand, if the asset appreciates through some sort of “marital” investment (funds, time, etc), it may become marital property as a matter of law.
Divorce Mediation Can Be a Great Tool for Complex Property Division Cases
Inheritance disputes often hinge on facts, documentation, and competing narratives. Mediation allows the parties to address these issues directly and craft solutions the court cannot impose. The process promotes privacy, control, and cost efficiency. Here are is how the process starts:
- Select a Qualified Mediator: The right mediator can make a difference. You should choose a professional who has South Carolina family law experience and comfort handling complex property division issues.
- Prepare/Exchange Information: Getting all of the relevant documentation in order is key. You should gather deeds, account statements, probate records, and timelines to address classification and tracing.
- Prepare to Negotiate: Mediation is fundamentally about collaborative negotiation. You should be ready to work through your divorce to find a viable settlement, including for inheritance and property division in general.
Many people have questions or concerns about divorce mediation costs. The good news is that it does not need to be cost prohibitive. Quite the contrary, mediation can help divorcing couples work towards an agreement that can help them save time and money.
Set Up a Confidential Consultation With a Top Charleston Divorce Mediator Today
Contact Charleston Divorce Mediators, LLC today for your completely confidential initial consultation. If you are dealing with questions about the division of inheritance or property more broadly in a divorce, mediation may be the best tool to help you reach a solution.
About Catherine Marra
Catherine Marra is a Mediator with over 30 years of experience in Family Law, including 20 years in private practice and 10 years as a Family Court Magistrate. She uses her knowledge and experience to guide couples in negotiating divorce settlements so they can save money, complete the divorce process quicker, and get better outcomes than they would at trial.