South Carolina H 3105: Divorce

Status: Referred to Committee on Judiciary (as of 2025-01-14)

State: South Carolina · Session: 2025-2026 · Bill: H 3105

Sponsors: Gatch

Bill Text

2025-2026 Bill 3105 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3105

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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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This web page was last updated on December 06, 2024 at 10:06 AM

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