The bill H. 3105 proposes an amendment to the South Carolina Code of Laws by adding Section 20-3-625, which establishes a requirement for clear and convincing evidence to demonstrate that the owner of nonmarital property intended for that property to transmute into marital property during divorce proceedings. This amendment aims to clarify the standards for apportioning marital property, ensuring that the intention behind property ownership is adequately considered in legal determinations.

Additionally, the bill specifies that the payment of a debt related to nonmarital property will be regarded as evidence of special equity, rather than evidence of transmutation, unless both parties' names are on the title of the property. This provision seeks to protect the interests of individuals in divorce cases by reinforcing the need for explicit intent regarding property classification. The act will take effect upon approval by the Governor.

Statutes affected:
12/05/2024: 20-3-625
Latest Version: 20-3-625
12/06/2024: 20-3-625