Posts Tagged ‘Transmutation’

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 addresses valuation of a closely held business

The November 28, 2018 Court of Appeals opinion in Clark v. Clark 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 identifying the marital portion and valuing PCI, a business […]

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 […]

Smith case addresses alimony and transmutation issues

While there is nothing surprising in the September 19, 2018 Court of Appeals opinion in Smith v. Smith, 425 S.C. 119 (S.C. App. 2018), the decision addresses some novel issues of alimony and equitable distribution. Smith stems from a divorce action filed by Wife on December 27, 2013. For the previous five years Husband had […]

Wife’s lack of corroborating evidence mostly dooms her appeal

In the Sir Arthur Conan Doyle story “Adventure of the Silver Blaze,” Sherlock Holmes deduces the identity of the thief, in part, by noting that a dog did not bark, indicating the thief was no stranger. Holmes understood that the absence of evidence can be as telling as evidence itself. This is often true in […]

On the same day two separate Court of Appeals panels reverse transmutation findings

On July 13, 2016, the Court of Appeals published two opinions in which the primary issue on appeal was transmutation–the almost alchemical process by which non-marital property turns into marital property: Taylor-Cracraft v. Cracraft, 417 S.C. 570, 790 S.E.2d 423  (Ct. App. 2016), and McMillan v. McMillan, 417 S.C. 583 790 S.E.2d 216 (Ct. App. 2016). In both […]

Husband’s lack of credibility on financial disclosure has multiple adverse consequences

The March 16, 2016 Court of Appeals opinion in Conits v. Conits, 417 S.C. 127, 789 S.E.2d 51 (Ct. App. 2016) rejects many of Husband’s allegations of error in the family court’s equitable distribution award because he lacked credibility in his financial disclosure. This opinion is a warning to those who would provide false financial disclosure that […]

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, 408 S.C. 252, 758 S.E.2d 206, (Ct. App. 2014), 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 […]

 

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