Q: My wife and I sold a house in Massachusetts moved to South Carolina. We are having problems in our marriage
We bought a house in South Carolina no mortgage but she’s the only one on the title. I am not. She’s trying to force me to move back to Massachusetts because we are having problems with her daughter. She saying she does not wanna divorce, but wants me to move back to Massachusetts. I’m wondering what are my rights here? And if I do leave the house, does that mean I’m not entitled to it anymore?
A: It is unclear how long you and your wife have lived in South Carolina, and that is an important fact for determining whether the Family Court would have authority to address any issues in a divorce between you and your wife. Assuming you have both lived here for at least 3 months, then the title/deed of the house is not -- by itself -- determinative of whether you have an ownership interest. Generally, moving out does not change your entitlement to division of assets and debts, but it could affect your case in other ways. You would need to consult an experienced SC divorce lawyer to address all of the relevant details (including the source of the funds for purchasing the MA home) to get a fuller understanding of your rights.
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