Archive for the ‘Equitable Distribution/Property Division’ Category

Nelson demonstrates the problems of inaccurate or incomplete financial disclosure when resolving equitable distribution

The August 21, 2019 Court of Appeals opinion in Nelson v. Nelson demonstrates the problems of inaccurate or incomplete financial disclosure when resolving equitable distribution issues. In Nelson both parties, but especially Husband, went to trial with incomplete or inaccurate information regarding the value of and their interest in various assets and debts, including real […]

Thompson finds Rule 60(b)(5), SCRCP, does not give family court subject matter jurisdiction to modify equitable distribution

The August 7, 2019 Court of Appeals opinion in Thompson v. Thompson, holds that Rule 60(b)(5), SCRCP, does not give that family court subject matter jurisdiction to modify an equitable distribution order. The Thompsons’ divorce decree approved a separation agreement providing “[a]s soon as she is able, Wife shall assume or re-finance all loans on […]

May approves reformation of a court-approved equitable distribution agreement based upon an alleged mutual mistake

The July 24, 2019 Court of Appeals opinion in May v. May, upheld the family court’s reformation of a court-approved separation agreement based upon the mediator’s scrivener’s error and an alleged mutual mistake. In May, the parties entered a separation agreement drafted by the mediator. In a provision dealing with the marital home, the parties’ […]

Hagood opinion establishes important points on transmutation and alimony

The July 17, 2019 Court of Appeals opinion in Hagood v. Hagood establishes important points on transmutation and alimony. It is one of the rare published opinions to reject a transmutation claim while finding a special equity interest. It is the first published opinion in twenty years to address nonmarital assets as a basis to […]

Court of Appeals slightly revises opinion in Brown v. Odom

On January 9, 2019 the South Carolina Court of Appeals released a slightly revised opinion in Brown v. Odom, 245 S.C. 420, 823 S.E.2d 183 (Ct. App. 2018). Normally I would discuss the changes to a substituted published opinion. However, here the substituted opinion contains no new legal analysis and simply makes small but frequent […]

Court of Appeals addresses valuation of a closely held business

The November 28, 2018 Court of Appeals opinion in Clark v. Clark, 423 S.C. 596, 815 S.E.2d 772 (Ct. App. 2018), is one more data point in the confusion that is South Carolina transmutation litigation. Clark further addresses how one values the minority shares of a closely held business. The primary issue on appeal involved […]

Bojilov highlights importance of a good record and accurate financial declarations

The September 19, 2018 Court of Appeals opinion in Bojilov v. Bojilov, 425 S.C. 161, 819 S.E.2d 791 (Ct. App. 2018), doesn’t establish any novel legal issues but does highlight important recurring issues in South Carolina Family Law. Bojilov stems from a divorce, with the primary issues on appeal being child custody, Husband’s right to […]

Hard to win the appeal when you don’t show up for trial

N.B. On January 9, 2019, the Court of Appeals issued a slightly revised opinion in this case. The September 19, 2018 Court of Appeals opinion in Brown v. Odom supports the general proposition that it’s hard to win an appeal when you don’t show up for trial. Brown primarily addresses issues of transmutation and the inclusion […]

 

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