Marital and Nonmarital Property in a South Carolina Divorce
In South Carolina, property acquired during the marriage is marital however titled, while inheritances, gifts from others, premarital property and property excluded by written contract are nonmarital and cannot be apportioned.
Marital property
“Marital property” means all real and personal property acquired by the parties during the marriage and owned as of the date of filing or commencement of the marital litigation, regardless of how legal title is held, except the nonmarital property listed in the statute (S.C. Code 20-3-630(A)).
Nonmarital property
(1) Property acquired by inheritance, devise, bequest or gift from a party other than the spouse; (2) property acquired before the marriage, and property acquired after the earliest of a pendente lite order, a signed settlement agreement or a permanent order; (3) property acquired in exchange for those; (4) property excluded by written contract, including an antenuptial agreement, which is presumptively fair if voluntarily executed with separate counsel and full financial disclosure; and (5) any increase in value of nonmarital property, except to the extent the increase resulted directly or indirectly from the other spouse’s efforts during the marriage.
Interspousal gifts
Gifts of property from one spouse to the other, including gifts made indirectly through a third party, are marital property subject to division.
No power over nonmarital property
“The court does not have jurisdiction or authority to apportion nonmarital property” (subsection B), though it is a factor in deciding how to divide the marital property and in alimony.
Evidence to gather
Dated records showing when and how each asset was acquired and the source of funds for any improvement.
Keeping the right paperwork
Keep records that trace premarital and inherited property to its source.
In the calculator
Enter premarital, inherited and third-party gift property as nonmarital property in the South Carolina property division calculator so it stays out of the division.
Frequently asked questions
Is premarital property divided in South Carolina?
No. It is nonmarital, and the court cannot apportion it, though growth from the other spouse's efforts can become marital.
Is an inheritance marital property in South Carolina?
No. Property acquired by inheritance from someone other than the spouse is nonmarital.
Is a gift from my spouse marital property in South Carolina?
Yes. Interspousal gifts are marital property subject to division.
Does title decide ownership in a South Carolina divorce?
No. Marital property is divided regardless of how legal title is held.
What date ends the South Carolina marital estate?
Property acquired after the earliest of a pendente lite order, a signed agreement or a permanent order is nonmarital.
Official sources
- S.C. Code 20-3-620 and 20-3-630: apportionment and marital property
- IRS Publication 555: community property states
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited South Carolina statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed South Carolina attorney.