H 3133 Session 115 (2003-2004)
H 3133 General Bill, By Altman and Umphlett
A BILL 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.
12/04/02 House Prefiled
12/04/02 House Referred to Committee on Judiciary
01/14/03 House Introduced and read first time HJ-57
01/14/03 House Referred to Committee on Judiciary HJ-57
04/09/03 House Committee report: Favorable Judiciary HJ-6
04/22/03 House Read second time HJ-26
04/23/03 House Read third time and sent to Senate HJ-18
04/23/03 Senate Introduced and read first time SJ-13
04/23/03 Senate Referred to Committee on Judiciary SJ-13
H. 3133
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 9, 2003
H. 3133
Introduced by Reps. Altman and Umphlett
S. Printed 4/9/03--H.
Read the first time January 14, 2003.
THE COMMITTEE ON JUDICIARY
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
REPORT:
That they have duly and carefully considered the same and recommend that the same do pass:
JAMES H. HARRISON for Committee.
A BILL
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.
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