[SC] What do I need to qualify for the 4% legal residence property tax rate?
I still live at home with him—in a home he purchased in his name, co-signed by his now-deceased father.
I’ve recently been able to purchase a home in my name only, closer to my job in the next city over, so I’d have somewhere to go when I separate.
A non-profit told me I could update my driver’s license to show my new address and qualify for the 4% primary residence property tax rate.
But when I tried to apply for legal residency on the Lexington County website, I found out it’s not that simple.
They won’t accept a notarized separation agreement (which he hasn’t signed yet). They require a filed Order of Separate Maintenance and Support with a docket number to prove I reside separately before granting the 4% rate—regardless of whether it’s my actual primary residence.
This doesn’t seem fair because it brings the courts into a private matter and adds fees, when marriages should be allowed to resolve their differences without court involvement.
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Thank you for your patience.
You're not alone in asking this. South Carolina distinguishes between private agreements (like a notarized separation agreement) and formal court orders. For legal residency and the 4% property tax rate, Lexington County requires:
- A public record of the separation
- A formal, verifiable court order
- Prevention of tax fraud (e.g., people claiming vacation homes as primary residences)
It’s an administrative, not fairness-based, rule.
Here’s how to move forward:
1. Prepare a non-confrontational separation letter to explain your intentions.
2. File for an Order of Separate Maintenance and Support in Lexington County Family Court (filing fee is ~$150–200; fee waivers may apply).
- You can file even if your husband doesn’t agree or sign.
- This gives you legal protection and qualifies you for the 4% rate.
3. Optionally present a joint Separation Agreement to your husband. If he signs, you can file it together for faster approval.
4. Vehicles:
- You’re entitled to the vehicle in your name.
- For the jointly titled vehicle, request he refinance it into his name.
Anything else I can clarify?
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I live in SC and have contemplated separating for many years. My spouse has a problem with habitual drunkenness, anger management issues, and he has been emotionally abusive for many years.
I still live at home with him—in a home he purchased in his name, co-signed by his now-deceased father.
I’ve recently been able to purchase a home in my name only, closer to my job in the next city over, so I’d have somewhere to go when I separate.
A non-profit told me I could update my driver’s license to show my new address and qualify for the 4% primary residence property tax rate.
But when I tried to apply for legal residency on the Lexington County website, I found out it’s not that simple.
They won’t accept a notarized separation agreement (which he hasn’t signed yet). They require a filed Order of Separate Maintenance and Support with a docket number to prove I reside separately before granting the 4% rate—regardless of whether it’s my actual primary residence.
This doesn’t seem fair because it brings the courts into a private matter and adds fees, when marriages should be allowed to resolve their differences without court involvement.
I'm sorry to hear about the challenges you're facing with your spouse. Have you consulted with a family law attorney in South Carolina regarding your separation and property tax situation?
No, I haven’t. I tried using ARAG through my job, but I think the lawyers they contract with prioritize other clients because they’re paid reduced rates. It’s very hard to get a callback from an ARAG family law attorney in SC.
Have you and your spouse discussed a separation agreement yet, including property division and support?
Not yet. Years ago, he told me if I ever wanted to leave, he loved me too much to let me go.
I was scared to bring it up. But now my heart is heavy, my health is declining, and my anxiety is worsening. I need to have the conversation before it affects my physical and mental health further.
Is there anything else the lawyer should know before I connect you?
We have one daughter, age 26.
We have three vehicles: one is in my name (I drive it), one is in both our names (he drives it, but the SC vehicle tax is under my name), and the third is in his name.
The home we live in was purchased by him and is on his deceased parents’ land—he is their personal representative.
I don’t want that home. I just want to keep the vehicle in my name.
I work for a cable company and get free services at the house—we can keep those there.
I just want to live separately and have us both go to counseling to better ourselves, so we can be civil around our daughter.
Hello and welcome to AskaLawyer. My name is Queeneth. I'm an attorney with over 8 years of experience. Just to note: our chat does not create an attorney-client relationship.
What specific outcomes are you hoping to achieve from your separation discussions with your spouse?
I want him to listen to how I’ve contemplated separating for years and stayed for the sake of our daughter’s education.
I want to explain how I’m making this decision for my health and well-being.
I’ll encourage him to get counseling, which I’m doing myself. I’ll even help him find a counselor if he wants.
I also want him to sign an Order of Separate Maintenance and Support so I can file it in court.
Also—why does SC require an Order of Separate Maintenance and Support to qualify for the 4% legal residence tax rate if someone is truly living separately from their spouse?
Why wouldn’t a notarized separation agreement suffice?
Thank you for your patience.
You're not alone in asking this. South Carolina distinguishes between private agreements (like a notarized separation agreement) and formal court orders. For legal residency and the 4% property tax rate, Lexington County requires:
- A public record of the separation
- A formal, verifiable court order
- Prevention of tax fraud (e.g., people claiming vacation homes as primary residences)
It’s an administrative, not fairness-based, rule.
Here’s how to move forward:
1. Prepare a non-confrontational separation letter to explain your intentions.
2. File for an Order of Separate Maintenance and Support in Lexington County Family Court (filing fee is ~$150–200; fee waivers may apply).
- You can file even if your husband doesn’t agree or sign.
- This gives you legal protection and qualifies you for the 4% rate.
3. Optionally present a joint Separation Agreement to your husband. If he signs, you can file it together for faster approval.
4. Vehicles:
- You’re entitled to the vehicle in your name.
- For the jointly titled vehicle, request he refinance it into his name.
Anything else I can clarify?
Thank you so much for the information and recommendation regarding how to handle my situation and obtain the needed docket number. I truly appreciate it.
I did have a few more questions:
- Regarding the jointly titled vehicle (the one he drives), is there a way I can look up the vehicle title online to see if our names are listed with "AND" or "OR" between them?
- If I sign the title over to him completely at the DMV, will the vehicle property tax then get billed to him only?
- Is signing the title all I need to do to get the vehicle out of my name?
- About the homes: since South Carolina is strict on marital property, does the rule about individual ownership apply to houses like it does for vehicles? His name isn’t on the house I just bought, and mine isn’t on his—do we each retain sole ownership?
Great questions—let’s address each one:
1. Vehicle Title Lookup:
In South Carolina, you typically can’t view the exact title language (e.g., "AND" vs. "OR") online. You’d need to contact the SC Department of Motor Vehicles (SCDMV) or request a title record in person or by mail. If the title is held physically, you can read the conjunction there.
2. Transferring Vehicle & Tax Liability:
Yes—if you sign the title over to him and he registers the vehicle solely in his name at the DMV, the property tax bill will shift to him going forward. This is often necessary to remove your tax liability.
3. Finalizing Transfer of Vehicle:
Yes—transferring the title and ensuring he re-registers it is all you need to do. Just make sure the DMV processes the change and updates their system.
4. Real Property Ownership in SC:
South Carolina treats property titled in one spouse’s name as non-marital property, unless:
- It was acquired during the marriage using joint funds
- Or it has been commingled (e.g., using marital funds for mortgage, renovations, taxes)
Based on what you’ve shared:
- Your new home should be considered your separate property if it was purchased in your name using only your funds.
- His current home, purchased in his name and located on inherited land, likely remains his separate property.
However, in a contested divorce, a court could still look at contributions, intent, and commingling, so documentation matters. Since you’re seeking separation—not divorce—this distinction helps reinforce boundaries of individual ownership.
That’s incredibly helpful. Thank you so much again for your guidance and patience!
