H*2240 Session 107 (1987-1988)
H*2240(Rat #0028, Act #0014 of 1987) General Bill, By House Judiciary
Similar(H 2097)
A Bill to amend Section 20-7-477, Code of Laws of South Carolina, 1976,
relating to equitable apportionment of marital property, so as to provide that
the rights and interests of each spouse in the other's real property are not
effective against third parties until a notice of pendency of action is filed
with the clerk of court of the county in which the real property is located,
and with regard to personal property, until the third party has received
written notice from either spouse that marital litigation has been filed, and
to provide that prior rights and interests of third parties are not affected
by these filings or receipts.-amended title
01/21/87 House Introduced, read first time, placed on calendar
without reference HJ-177
01/22/87 House Read second time HJ-204
01/22/87 House Unanimous consent for third reading on next
legislative day HJ-204
01/23/87 House Read third time and sent to Senate HJ-207
01/27/87 Senate Introduced and read first time SJ-287
01/27/87 Senate Referred to Committee on Judiciary SJ-287
02/25/87 Senate Committee report: Favorable with amendment
Judiciary SJ-660
02/26/87 Senate Amended SJ-707
02/26/87 Senate Read second time SJ-708
02/26/87 Senate Unanimous consent for third reading on next
legislative day SJ-708
02/27/87 Senate Read third time SJ-722
02/27/87 Senate Returned SJ-722
03/04/87 House Concurred in Senate amendment and enrolled HJ-842
03/10/87 Ratified R 28
03/16/87 Signed By Governor
03/16/87 Effective date 03/16/87
03/16/87 See Act for explanation of effective date
03/16/87 Act No. 14
03/19/87 Copies available
(A14, R28, H2240)
AN ACT TO AMEND SECTION 20-7-477, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO EQUITABLE APPORTIONMENT OF MARITAL PROPERTY, SO AS TO PROVIDE THAT
THE RIGHTS AND INTERESTS OF EACH SPOUSE IN THE OTHER'S REAL PROPERTY ARE NOT
EFFECTIVE AGAINST THIRD PARTIES UNTIL A NOTICE OF PENDENCY OF ACTION IS FILED
WITH THE CLERK OF COURT OF THE COUNTY IN WHICH THE REAL PROPERTY IS LOCATED, AND
WITH REGARD TO PERSONAL PROPERTY, UNTIL THE THIRD PARTY HAS RECEIVED WRITTEN
NOTICE FROM EITHER SPOUSE THAT MARITAL LITIGATION HAS BEEN FILED, AND TO PROVIDE
THAT PRIOR RIGHTS AND INTERESTS OF THIRD PARTIES ARE NOT AFFECTED BY THESE
FILINGS OR RECEIPTS.
Be it enacted by the General Assembly of the State of South Carolina:
Findings
SECTION 1. The General Assembly finds that after the enactment of Act 522 of
1986, which provided for the equitable apportionment of marital property,
confusion has arisen over the impact of the statute on third parties who have an
interest in the marital property. The General Assembly also finds that it was
and is now the intent of the General Assembly to affect these third parties only
after a Notice of Pendency of Action has been filed. The General Assembly
further finds that, because this intent was present at the enactment of the
statute, this intent applies to any actions brought under the provisions of Act
522 of 1986, both prospectively and retrospectively. It is therefore the desire
of the General Assembly to amend Section 20-7-477 of the 1976 Code by adding the
language contained in Section 2 so as to include the above stipulations in this
provision of law.
Rights and interests of third parties
SECTION 2. The first paragraph of Section 20-7-477 of the 1976 Code, as added
by Act 522 of 1986, is amended to read:
"In a proceeding under this article, either party may record a notice of
the pendency of proceedings in the manner provided in civil actions generally,
which has the same effect as a notice in civil actions. The rights and interests
of each spouse in the other's property created by this article are not effective
against third parties (1) with regard to any parcel of real property in which an
interest under this article is claimed until a Notice of Pendency of Action is
filed as provided in Section 15-11-10 with the clerk of court of the county in
which such parcel of real property is situated and (2) with regard to personal
property, until the third party has received written notice from either spouse
in a proceeding under this article that marital litigation has been filed. Prior
rights and interests of third parties (1) in real property are not affected by
filing a Notice of Pendency of Action and (2) in personal property are not
affected by receipt of written notice of such a filing."
Time effective
SECTION 3. This act takes effect upon approval by the Governor and applies to
all actions pending on June 13, 1986, in which a notice of intention to appeal
had not been filed, and to all actions thereafter filed. |