South Carolina Separation and Property Settlement Agreement

State:
Multi-State
Control #:
US-01714-2-AZ
Format:
Word; 
Rich Text
Instant download

Description

This form is a Separation and Property Settlement Agreement. The parties have agreed to a separation due to irreconcilable differences. The agreement also apportions certain property items between the parties. Each party agrees to release and quitclaim his/her right, title, and interest in each item that is apportioned to the other party.
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FAQ

South Carolina does not recognize ?legal separation.? Instead, the South Carolina Family Courts issue Orders of Separate Maintenance and Support, which provide specific details regarding parties' child custody, visitation, and support arrangements, as well as maintaining marital assets and paying marital debts, until ...

Generally, separate property is: Anything you earned or owned (or a debt) from before you married or after you separated. Anything you buy with separate property or you earn from separate property. Gifts or inheritance (to one of you) even if it was given or inherited when you were married.

North Carolina and South Carolina are equitable distribution states, not community property states. Unlike a community property state, which divides marital assets 50/50, equitable distribution states take the time to make sure the division is fair to both parties, and they do not divide separate property.

Separate property is property that is owned by one spouse and not the other. There are two categories of marital property; community property, and separate property. Community property is when spouses share all property equally.

In an ?equitable division state,? such as South Carolina, most of the marital property is considered the ?separate property? of the spouses. It does not matter who the property is titled or deeded to or whose name an account is in. All that matters is whether the property is marital or non-marital.

A marital separation agreement, also known as a property settlement agreement, is a written contract dividing your property, spelling out your rights, and settling problems such as alimony and custody.

South Carolina does not recognize ?legal separation.? Instead, the South Carolina Family Courts issue Orders of Separate Maintenance and Support, which provide specific details regarding parties' child custody, visitation, and support arrangements, as well as maintaining marital assets and paying marital debts, until ...

A couple that is involved in an uncontested divorce may use a marital settlement agreement drafted by an attorney. Such agreements address all of the details of a divorce, from financial issues to those related to child custody, visitation, and child support.

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South Carolina Separation and Property Settlement Agreement