Myrtle Beach · Divorce Sale
Selling a Home During a Divorce in Myrtle Beach, 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 Myrtle Beach, by the Same Facts
Selling a house during a divorce in Myrtle Beach goes more smoothly when both owners are working from the same facts. 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 Law in Short
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; your attorneys fit the two calendars together.
Renting It While You Decide
Sometimes the owners consider renting the house until the market or the case is ready. In Myrtle Beach that depends on the zone: rentals under 90 days are not allowed in districts beginning with R, other than RMV, and every rental needs a city business license. If you rent, agree in writing through your attorneys who holds the license, who keeps the income, and who pays the mortgage, insurance, and tax, and ask how the 4 percent legal residence rate is affected if neither of you lives there.
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 South Carolina's 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 Myrtle Beach, see what your Myrtle Beach 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
- City of Myrtle Beach, Know Your Zone: short-term rentals
- 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
Can we rent the house by the week until it sells?
Only if it is in a zone that allows rentals under 90 days, and with a city business license. Districts beginning with R, other than RMV, do not allow them.
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.
Myrtle Beach
What divorce sale looks like in Myrtle Beach
The Grand Strand's Boardwalk, SkyWheel, and Broadway at the Beach, with golf and shopping close by.
Myrtle Beach holds a 1.2-mile Oceanfront Boardwalk, the 187-foot SkyWheel, and shopping at Broadway at the Beach and The Market Common.
The Grand Strand comprises 14 communities along 60 miles of coastline, and Myrtle Beach calls itself the Golf Capital of the World.
The method
How we do it in Myrtle Beach
Divorce Sale: keep exploring
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