Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
H. 3133
STATUS INFORMATION
General Bill
Sponsors: Reps. Altman and Umphlett
Document Path: l:\council\bills\pt\1141mm03.doc
Introduced in the House on January 14, 2003
Introduced in the Senate on April 23, 2003
Currently residing in the Senate Committee on Judiciary
Summary: Nonmarital property further defined
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/4/2002 House Prefiled 12/4/2002 House Referred to Committee on Judiciary 1/14/2003 House Introduced and read first time HJ-57 1/14/2003 House Referred to Committee on Judiciary HJ-57 4/9/2003 House Committee report: Favorable Judiciary HJ-6 4/22/2003 House Read second time HJ-26 4/23/2003 House Read third time and sent to Senate HJ-18 4/23/2003 Senate Introduced and read first time SJ-13 4/23/2003 Senate Referred to Committee on Judiciary SJ-13
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 9, 2003
H. 3133
S. Printed 4/9/03--H.
Read the first time January 14, 2003.
To whom was referred a Bill (H. 3133) to amend Section 20-7-473, Code of Laws of South Carolina, 1976, relating to marital and nonmarital property for purposes of judicial apportionment during marital litigation, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
JAMES H. HARRISON for Committee.
TO AMEND SECTION 20-7-473, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARITAL AND NONMARITAL PROPERTY FOR PURPOSES OF JUDICIAL APPORTIONMENT DURING MARITAL LITIGATION, SO AS TO INCLUDE AS NONMARITAL PROPERTY ANY PROPERTY THAT IS NEITHER ACQUIRED WITH MARITAL FUNDS NOR TITLED IN THE NAME OF ONE OR THE OTHER SPOUSE, OR BOTH OF THEM, AND TO PROVIDE THAT THE PROPERTY MAY NOT BE APPORTIONED PERMANENTLY OR TEMPORARILY NOR TRANSMUTED INTO MARITAL PROPERTY FOR ANY PURPOSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-473 of the 1976 Code is amended to read:
"Section 20-7-473. (A) The term 'marital property' as used in this article means all real and personal property which has been acquired by the parties during the marriage and which is owned as of the date of filing or commencement of marital litigation as provided in Section 20-7-472 regardless of how legal title is held which spouse holds legal title, except the following, which constitute are nonmarital property:
(1) property acquired by either party by inheritance, devise, bequest, or gift from a party other than the spouse;
(2) property acquired by either party before the marriage and property acquired after the happening of the earliest of:
(a) entry of a pendente lite order in a divorce or separate maintenance action;
(b) formal signing of a written property or marital settlement agreement; or
(c) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties;
(3) property acquired by either party in exchange for property described in items (1) and (2) of this section subsection;
(4) property excluded by written contract of the parties. 'Written contract' includes any an antenuptial agreement of the parties which must be considered presumptively fair and equitable so long as it was voluntarily executed with both parties separately represented by counsel and pursuant to the full financial disclosure to each other that is mandated by the rules of the family court as to income, debts, and assets;
(5) any an increase in value in nonmarital property, except to the extent that the increase resulted directly or indirectly from efforts of the other spouse during marriage;
(6) property that is neither acquired with marital funds nor titled in the name of one or the other spouse, or both of them. Property described in this item must not be:
(a) the subject of a marital equitable claim or distribution between the spouses;
(b) apportioned temporarily or permanently to either spouse; or
(c) transmuted into marital property for any purpose.
(B) Interspousal gifts of property, including gifts of property from one spouse to the other made indirectly by way of a third party, are marital property which is subject to division.
(C) The court does not have jurisdiction or authority to apportion nonmarital property."
SECTION 2. This act takes effect upon approval by the Governor and applies to an action filed after that date and to an action then pending in which a notice of intention to appeal has not been filed.
This web page was last updated on Monday, December 7, 2009 at 10:24 A.M.