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Bill Number: 2240 Ratification Number: 28 Act Number 14 Introducing Body: House Subject: Equitable apportionment of marital property
(A14, R28, H2240)
AN ACT TO AMEND SECTION 20-7-477, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUITABLE APPORTIONMENT OF MARITAL PROPERTY, SO AS TO PROVIDE THAT THE RIGHTS AND INTERESTS OF EACH SPOUSE IN THE OTHER'S REAL PROPERTY ARE NOT EFFECTIVE AGAINST THIRD PARTIES UNTIL A NOTICE OF PENDENCY OF ACTION IS FILED WITH THE CLERK OF COURT OF THE COUNTY IN WHICH THE REAL PROPERTY IS LOCATED, AND WITH REGARD TO PERSONAL PROPERTY, UNTIL THE THIRD PARTY HAS RECEIVED WRITTEN NOTICE FROM EITHER SPOUSE THAT MARITAL LITIGATION HAS BEEN FILED, AND TO PROVIDE THAT PRIOR RIGHTS AND INTERESTS OF THIRD PARTIES ARE NOT AFFECTED BY THESE FILINGS OR RECEIPTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds that after the enactment of Act 522 of 1986, which provided for the equitable apportionment of marital property, confusion has arisen over the impact of the statute on third parties who have an interest in the marital property. The General Assembly also finds that it was and is now the intent of the General Assembly to affect these third parties only after a Notice of Pendency of Action has been filed. The General Assembly further finds that, because this intent was present at the enactment of the statute, this intent applies to any actions brought under the provisions of Act 522 of 1986, both prospectively and retrospectively. It is therefore the desire of the General Assembly to amend Section 20-7-477 of the 1976 Code by adding the language contained in Section 2 so as to include the above stipulations in this provision of law.
Rights and interests of third parties
SECTION 2. The first paragraph of Section 20-7-477 of the 1976 Code, as added by Act 522 of 1986, is amended to read:
"In a proceeding under this article, either party may record a notice of the pendency of proceedings in the manner provided in civil actions generally, which has the same effect as a notice in civil actions. The rights and interests of each spouse in the other's property created by this article are not effective against third parties (1) with regard to any parcel of real property in which an interest under this article is claimed until a Notice of Pendency of Action is filed as provided in Section 15-11-10 with the clerk of court of the county in which such parcel of real property is situated and (2) with regard to personal property, until the third party has received written notice from either spouse in a proceeding under this article that marital litigation has been filed. Prior rights and interests of third parties (1) in real property are not affected by filing a Notice of Pendency of Action and (2) in personal property are not affected by receipt of written notice of such a filing."
SECTION 3. This act takes effect upon approval by the Governor and applies to all actions pending on June 13, 1986, in which a notice of intention to appeal had not been filed, and to all actions thereafter filed.