Murrells Inlet · Divorce Sale
Selling a Home During a Divorce in Murrells Inlet, 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.
Talk Privately About the Sale
Selling a House During a Divorce in Murrells Inlet, Even-Handed
Selling a house during a divorce in Murrells Inlet needs a process neither owner has to second-guess. 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.
Two Counties, Two Courthouses, Two Deed Offices
Murrells Inlet straddles Horry and Georgetown counties, and that splits the court from the deed. The family court is set by where you live, not where the house sits: South Carolina tries a divorce in the county where the defendant lives, or where you last lived together. The residence rule is one year in South Carolina before filing, cut to three months for the filing spouse when you both live in the state. For Horry, that is the Clerk of Court at 1301 Second Avenue in Conway, which has its own Family Court line and a South Strand office at 9630 Scipio Lane. For Georgetown County, Family Court is at 401 Cleland Street in Georgetown.
The deed, on the other hand, lives in the county where the house is. On the Horry side, the Register of Deeds is also at 1301 Second Avenue, its records are online through Acclaim Web, and since March 16, 2026 the county's land records sites require a free login. Horry also runs a free Recording Notification Service that emails you when anything is recorded under your name, which is worth setting up on a jointly owned house during a case. On the Georgetown side, the county's online record system at georgetowndeeds.com shows deed images where they are available. I pull the deed first, because whose names are on it decides who signs.
The County Paperwork While It Sells
Which county the house is in decides whose tax bill arrives and, if it is rented, whose rental tax gets filed: Georgetown County's 3 percent local accommodations tax, generally due to the county by the 20th of the following month, or Horry County's 3 percent hospitality fee outside city limits. Agree in writing, through your attorneys, who pays the mortgage, tax, and insurance, who handles any rental filings and keeps the income, 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 Murrells Inlet, see what your Murrells Inlet home is worth, and call me when you are ready.
Sources
The legal and tax points above come from these sources, checked in October 2026. Your attorney and tax professional have the final word.
- South Carolina Code, Title 20, Chapter 3, grounds for divorce and apportionment of marital property
- Horry County, Clerk of Court
- Georgetown County, Family Court
- Horry County, Register of Deeds
- Horry County, Recording Notification Service
- Horry County, notice of online access change effective March 16, 2026
- Georgetown County, Register of Deeds FAQs
- Georgetown County Online Record System
- Georgetown County, local accommodations tax FAQ
- Horry County, hospitality fee
- South Carolina Code, Title 27, Chapter 50, Residential Property Condition Disclosure Act
- South Carolina Code, Title 12, Chapter 43, Section 12-43-220, assessment ratios
- South Carolina Code, Title 12, Chapter 24, deed recording fee
- IRS Publication 523, Selling Your Home
Frequently Asked Questions
If our Murrells Inlet house is on the Georgetown side, do we file in Georgetown County?
Not necessarily. South Carolina tries a divorce where the defendant lives or where you last lived together, not where the house sits. The deed, though, is recorded in the county where the house is.
Who files the rental tax on our Murrells Inlet house while it sells?
Decide that in writing through your attorneys. It is Georgetown County's 3 percent accommodations tax or Horry County's 3 percent hospitality fee, depending on the county.
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.
Murrells Inlet
What divorce sale looks like in Murrells Inlet
The Seafood Capital of South Carolina, a half-mile boardwalk over the marsh, and Brookgreen Gardens and Huntington Beach State Park nearby.
Murrells Inlet is known as the Seafood Capital of South Carolina. The MarshWalk is a half-mile wooden boardwalk over a saltwater estuary, lined with seafood restaurants and known for live music.
Brookgreen Gardens holds the largest collection of American figurative sculpture displayed outdoors anywhere in the world, and Huntington Beach State Park is home to Atalaya, the Moorish-style winter home of Archer and Anna Hyatt Huntington.
The method
How we do it in Murrells Inlet
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