Posts Tagged ‘Transmutation’

Court of Appeals affirms custody determination despite claim of improper guardian investigation

The April 2, 2014 Court of Appeals opinion in Simcox-Adams v. Adams affirmed the family court’s award of custody to Husband despite Wife’s challenge to the guardian ad litem’s investigation and report.  It also affirmed the family court’s finding that Wife’s inheritance was transmuted into marital property. Wife raised a number of issues regarding the […]

The logical but wrong way to divide transmuted property

How to “equitably” divide transmuted property–property that started out as non-marital but through commingling or use become property of the marriage and hence subject to equitable distribution by the court–is one of the most contentious issue in divorce cases.  Often spouses did not even consider their pre-marital or inherited property to be marital but failed […]

Supreme Court affirms lower courts’ ruling on transmutation of husband’s business

The January 15, 2014 Supreme Court opinion in Pittman v. Pittman, 407 S.C. 141, 754 S.E.2d 501 (2014), affirmed the Court of Appeals and family court’s determination that husband’s premarital surveying business had been transmuted into marital property while modifying the reasoning justifying the decision.  At trial the family court found this business to be transmuted and awarded […]

Supreme Court alters equitable distribution award and reverses reservation of alimony

N.B., on May 8, 2013, the South Carolina Supreme Court slightly modified its original opinion.  For more information read Supreme Court reconsiders equitable distribution of marital home. The February 20, 2013 Supreme Court opinion in Wilburn v. Wilburn deals with numerous interesting, sometimes novel, equitable distribution issues.  The appeal stemmed from a divorce action in a […]

Fighting the wrong battle on transmutation

I attended a mediation training yesterday in which one of the exercises dealt with the issue of “transmutation,” the process by which non-marital property becomes marital because the property owner demonstrates an intent to treat the property as marital. The two examples of possible transmutation were wife’s pre-marital rental home that she had deeded a […]

Crossland appeal offers interesting guidance on alimony and equitable distribution

On July 2, 2014 the South Carolina Supreme Court completely reversed this Court of Appeals opinion.  See Supreme Court completely reverses Court of Appeals and reinstates family court’s alimony, property division and attorney fee award The March 7, 2012 Court of Appeals opinion in Crossland v. Crossland, 397 S.C. 406, 725 S.E.2d 509 (Ct. App. 2012), offers the […]

Sanders opinion highlights confused nature of transmutation

The December 21, 2011 Court of Appeals opinion in Sanders v. Sanders, 396 S.C. 410, 722 S.E.2d 15 (Ct. App. 2011), demonstrates the continuing confused jurisprudence regarding transmutation of non marital assets.  It also highlights the problems that result when the trial court is provided insufficient information from the parties to make a complete decision. Sanders involved a […]

Fitzwater demonstrates willingness to allow greater deviation from equal division of marital property in shorter marriage

The first of the fifteen factors set forth in South Carolina Code Section 20-3-620 regarding the division of marital property is “the duration of the marriage together with the ages of the parties at the time of the marriage and at the time of the divorce or separate maintenance or other marital action between the […]