Big Rapids, MI Divorce Law Firms & Lawyers

You have an interesting issue - I've seen this on a few cases before. This answer pertains only to South Carolina Law and is a statement of general principles; this is not legal advice directed towards you. Generally speaking, property that was acquired prior to a marriage is non-marital property. However, in practice, it is not uncommon for a couple to refinance with both parties being listed on the mortgage or both parties listed on the deed. I have seen attorneys argue (1) that this is evidence that the owner intended the property to be marital (hence non-marital property transmuted into marital property); (2) argue that this is evidence of a gift (hence a portion of the property is now property of other party); or (3) just argue special equity. I'm not going to comment on the legal strength of any of these arguments, but it would be interesting to see what a Court would do with the issue at trial, as there is certainly an argument that at lease some portion of interest (whether it be the debt or equity) in the home may have become marital property. I would advise you to seek legal counsel for your case licensed in South Carolina who is familiar with the family courts in your jurisdiction as you need someone who is knowledgeable in this area of law to help you.

If she has an attorney, have that person prepare a separation agreement and review it to determine if she really isn't seeking anything from you. If you don't understand it, you may be able to have an attorney review & explain it to you for a consultation fee only.