Do I Have to Leave My Home if My Wife Files for Divorce?

Ask a Lawyer


Is my wife entitled to any portion of my house if I bought the home before we were married?

And If my wife decides to file for divorce, do I have to leave my home for her and our kids to live in?

leave my home
South Carolina divorce attorney Kathryn Martin


South Carolina law, in general, treats property acquired before the marriage as non-marital property. If the court deems “your” house as non-marital property, then your wife would probably not be entitled to any interest in it.However, there are several factors that could be taken into account.

If your wife made “active” contributions (i.e. the house increased in value due to renovations of the house) during the marriage, your wife may be entitled to some interest in the home.

Usually, if a passive increase in value of the house occurred during the marriage (i.e. good housing market), it is unlikely a court will rule that your wife is entitled to an interest or profit from the sale of the house.

Whether you or your wife moves out of the house is very case-specific. Neither you nor your spouse are required to leave the home according to law in South Carolina. However, in order to obtain a no-fault divorce on the ground of a one year continuous separation, the parties must be living separate and apart for over one year without cohabitation.

That being said, one of the parties will eventually need to move out of the house, and there is not a clear answer as to whether you should move out or stay there with your children without knowing more information and the surrounding circumstances of your situation.

It is important for you to contact your local Cordell and Cordell office to meet with an attorney and further discuss your options and best course of action.

Remember, I am unable to provide you with anything more than general divorce tips for men, so please consult with a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including South Carolina divorce lawyer Kathryn Martin, contact Cordell & Cordell.

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