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How can the court achieve equity in division of assets?

Division of assets in a South Carolina divorce might take a backseat to child custody and spousal support as the process moves forward, but that does not make it any less important. There are many factors that determine how property will be distributed once a couple decides to end its marriage. One consideration that must be assessed is what authority the court can use to reach equitable apportionment. Since it is important that there be a fair split in the division of assets, legal help is often a must in these cases.

The court can order a party to provide a note, deed, bill of sale, mortgage, or any document that is required to ensure that equitable division is accomplished. When there is a failure to comply with that order, the court can have the clerk execute and deliver the requested document. This is the same as if the party who was ordered to do so had complied. The court then has the right to order the sale - public or private - of the marital property to achieve its goal.

The court can also use other reasonable strategies to reach equity in these divorce cases. With that, it can use tactics that adhere to the law and include a monetary award so there will be equitable apportionment. If there is a monetary award, it will not include payments that are classified as conventional income based on U.S. and state tax laws.

The division of assets can be a problematic issue in a divorce. Parties might want to have certain assets or they might not comply with court orders regarding the goal of equitable apportionment. Being represented by a law firm that is well-versed in all aspects of divorce including division of assets can be a foundational part of a successful resolution. When dealing with property issues or any other challenge in a divorce, calling for legal advice may be the first step toward receiving the guidance that is needed to proceed through the process with confidence.

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Call our office in Mount Pleasant at 843-352-4530 to make your appointment with one of our South Carolina divorce lawyers. We serve clients throughout the coastal South Carolina communities including Charleston, Mount Pleasant, Daniel Island, Pawleys Island, Georgetown, and Hilton Head. You may email us if that is easier for you.

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EGJ Family Law

1051 Chuck Dawley Boulevard
Mt. Pleasant, SC 29464

Phone: 843-352-4530
Fax: 843-881-0317
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