Georgetown · Divorce Sale

Selling a Home During a Divorce in Georgetown, SC

A neutral, straightforward sale when two people need to agree on one outcome.

A Note Before You Read

This page is general information about selling a home during a divorce in South Carolina. It is not legal advice, and it cannot account for the details of your situation, such as how the home is titled, what a court order or agreement says, and where your case stands. Please talk with your own attorney before you make any decisions. I am a real estate professional, not a lawyer, and my part is the sale itself.

Selling a House During a Divorce in Georgetown, Plainly

Selling a house during a divorce in Georgetown goes best when the process is plain and both owners can see it. Local to Coastal Realty sends pricing, offers, showing feedback, and the timeline to both of you at once, or to your attorneys if you prefer, with the same comps behind every number. I handle the sale and leave the settlement to you and your attorneys. If both names are on the title, both sign the deed.

South Carolina's Rules, Briefly

South Carolina allows a divorce on the application of either spouse after living separate and apart without cohabitation for one year, and its family court divides marital property by equitable apportionment when a party asks for it. Residency requirements apply to filing. A sale can happen before, during, or after the case, as long as every owner signs and any court order or agreement is followed.

Georgetown County Family Court and the Deed Records

South Carolina tries a divorce in the county where the defendant lives, or where the two of you last lived together, so when you both still live in Georgetown County, the case is filed there. The county lists its Family Court at 401 Cleland Street, first floor, Room 115, open 8:30 to 5 on weekdays, with mail going to P.O. Box 479. Your attorneys handle the filings; what matters for the sale is that any order coming out of that office gets followed to the letter.

Before we price, I look up the deed so we both know whose names are on it. Georgetown County's Register of Deeds keeps property transfers and mortgages going back to the late 1860s, finds them by the approximate date of sale and the names of the seller and buyer, and runs an online record system at georgetowndeeds.com, where you can view and print your deed if the image is available. A copy from the office runs 50 cents a page. When the house sells, the deed to your buyer is recorded in that same office.

If You Rent It in the Meantime

Inside the city, renting the house for stays under 30 days takes the city's Short Term Vacation Rental permit, which is issued through the property owner's own business license after zoning approval and building and fire inspections, so decide through your attorneys whose name goes on it. Agree in writing who keeps any rental income, who pays the mortgage, tax, and insurance, and who approves price changes and offers. The 4 percent legal residence rate is for an owner-occupied home, so if neither of you lives there, ask how that affects the bill.

Disclosure, Costs, and the Gain

South Carolina's disclosure law does not apply to a transfer between spouses resulting from a divorce decree or marital property distribution order. A regular sale to an outside buyer generally needs the disclosure statement before the contract is signed, unless another listed exemption applies. The seller pays the deed recording fee of $1.85 per $500 of value. The IRS lets you exclude up to $250,000 of gain on a main home, or $500,000 on a joint return, when the ownership and use tests are met, and it counts a former spouse's use under a divorce or separation instrument toward that test. Read selling your home in Georgetown, see what your Georgetown home is worth, and call me when you are ready.

Frequently Asked Questions

Where is family court for a Georgetown divorce?

South Carolina tries a divorce where the defendant lives or where the couple last lived together. For Georgetown County, the county lists Family Court at 401 Cleland Street, first floor, Room 115.

Can we rent our Georgetown house short-term until it sells?

Inside the city, stays under 30 days need the city's Short Term Vacation Rental permit, issued through the property owner's business license after zoning approval and inspections.

Is a divorce transfer exempt from South Carolina's disclosure form?

A transfer between spouses resulting from a divorce decree or distribution order is exempt. A regular sale to an outside buyer generally is not, unless another exemption applies.

Does the divorce have to be final before we sell?

No. A sale can happen before, during, or after the case, as long as every owner signs and any court order or agreement is followed.

Georgetown

What divorce sale looks like in Georgetown

South Carolina's third-oldest city, where four rivers meet, with a waterfront Harborwalk and more than 60 antebellum homes.

Georgetown is South Carolina's third-oldest city, behind Charleston and Beaufort, and sits where the Black, Pee Dee, Waccamaw, and Sampit rivers meet. The city has more than 60 antebellum homes.

The Harborwalk runs four blocks along the harbor, between the Kaminski House on one end and the Rice Museum on the other.