A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 20-3-625 SO AS TO REQUIRE CLEAR AND CONVINCING EVIDENCE THAT THE OWNER OF NONMARITAL PROPERTY INTENDED FOR THE PROPERTY TO TRANSMUTE INTO MARITAL PROPERTY FOR PURPOSES OF APPORTIONING MARITAL PROPERTY IN A DIVORCE ACTION.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Article 5, Chapter 3, Title 20 of the S.C. Code is amended by adding:

 

    Section 20-3-625.  A finding by the court that nonmarital property has transmuted into marital property for purposes of the court apportioning the marital property pursuant to Section 20-3-620 requires clear and convincing evidence that the owner of the nonmarital property intended that the property become marital property. Payment of a debt for nonmarital property is evidence of special equity and not evidence of transmutation unless the title for the property is in the names of both parties.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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