Posts Tagged ‘Transmutation’

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 […]

Rearranging the deck chairs

In August I blogged about an appellate loss by my friend and colleague, Thomas F. McDow, in the case of Pittman v. Pittman.  Last week the Court of Appeals modified its opinion, 395 S.C. 209, 717 S.E.2d 88 (Ct. App. 2011).  For reasons I assume are oversight this modified opinion did not appear in the October listing […]

At least he got the laptop back

N.B., the Court of Appeals opinion in Pittman v. Pittman was subsequently refiled with a different analysis on the transmutation issue. See Rearranging the deck chairs Thomas F. McDow is a friend of mine and an exceptional attorney.  When I noted that the appeal he pursued in Pittman v. Pittman, resulting in a published decision today [August […]

 

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