special equity (SC)

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special equity (SC)

what is special equity? how is it determined? this is part of a property settlement in a domestic relations divorce in south carolina.

Asked on June 14, 2009 under Family Law, South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Although non-marital property is not subject to equitable distribution as such, if one spouse uses marital funds to purchase property after the commencement of marital litigation, the family court may properly award the other spouse a special equity in the property. 


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