Bill > H3105

This bill amends South Carolina law by adding a new section to clarify how nonmarital property can be converted (or "transmuted") into marital property during divorce proceedings. Specifically, the bill requires that courts must have "clear and convincing evidence" - a high legal standard of proof - that the original property owner explicitly intended to transform their nonmarital property into marital property. The bill also specifies that simply paying a debt on nonmarital property is not automatically proof of such intent to transmute, unless the property's title is held in both spouses' names. This change aims to provide more protection for individuals' separate property during divorce by setting a higher bar for converting nonmarital assets into marital assets that would be subject to division. The new law would take effect immediately upon the Governor's approval, and it applies to the process of property apportionment outlined in an existing state statute (Section 20-3-620).

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=3105&session=126&summary=B