Richardson v. Richardson
Decision Date | 27 June 2018 |
Docket Number | 2018-UP-277 |
Court | South Carolina Court of Appeals |
Parties | Robert M. Richardson, Sr., Appellant, v. Jeanne B. Richardson, Respondent. Appellate Case No. 2016-001231 |
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.
Submitted May 1, 2018
Appeal From Georgetown County Wayne M. Creech, Family Court Judge
Mary Amanda Harrelson Shuler, of Whetstone Perkins & Fulda LLC, of Kingstree, for Appellant.
Ernest Joseph Jarrett, of Jenkinson Jarrett & Kellahan, PA, of Kingstree, for Respondent.
Robert M. Richardson (Husband) appeals the family court's final divorce order and denial of Husband's motion to reconsider. On appeal, Husband argues the family court erred by (1) finding a 127-acre tract of land (the property) belonging to Jeanne B. Richardson (Wife) was not transmuted and Husband did not have a special equity interest in the property, (2) awarding Wife fifty percent of the marital assets, and (3) awarding attorney's fees to Wife. We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities:
1. As to whether the property was transmuted or whether Husband obtained a special equity interest in the property Stoney v. Stoney, 421 S.C. 528, 531, 809 S.E.2d 59 60 (2017) (); McMillan v McMillan, 417 S.C. 583, 590, 790 S.E.2d 216, 220 (Ct. App. 2016) ; Buist v. Buist, 410 S.C. 569, 574, 766 S.E.2d 381, 383 (2014) (); Lewis v. Lewis, 392 S.C. 381, 392, 709 S.E.2d 650, 655 (2011) ; S.C. Code Ann. § 20-3-630(A)(1) (2014) ("[P]roperty acquired by either party by inheritance, devise, bequest, or gift from a party other than the spouse" is "nonmarital property."); S.C. Code Ann. § 20-3-630(A)(5) (2014) ( ); Murray v. Murray, 312 S.C. 154, 157, 439 S.E.2d 312, 314 (Ct. App. 1993) ("[Nonmarital property] may be transmuted (1) if it becomes so commingled with marital property as to be untraceable; (2) if it is titled jointly; or (3) if it is used by the parties in support of the marriage or in some manner so as to evidence an intent by the parties to make it marital property."); id. at 157, 439 S.E.2d at 315 () ; Fitzwater v. Fitzwater, 396 S.C. 361, 369, 721 S.E.2d 7, 11 (Ct. App. 2011) ( ); Murray, 312 S.C. at 159, 439 S.E.2d at 316 (); McMillan, 417 S.C. at 591, 790 S.E.2d at 220 ; Arnal v. Arnal, 363 S.C. 268, 294, 609 S.E.2d 821, 835 (Ct. App. 2005) (, )aff'd as modified, 371 S.C. 10, 636 S.E.2d 864 (2006).
2. As to the family court's division of the martial estate: McMillan, 417 S.C. at 590, 790 S.E.2d at 220 ; Sanders v. Sanders, 396 S.C. 410, 419, 722 S.E.2d 15, 19 (Ct. App. 2011) (); Avery v. Avery, 370 S.C. 304, 310, 634 S.E.2d 668, 671 (Ct. App. 2006) (); Doe v. Doe, 370 S.C. 206, 214, 634 S.E.2d 51, 56 (Ct. App. 2006) ( ); Sanders, 396 S.C. at 419, 722 S.E.2d at 19 ( ).
3.As to the award of attorney's fees to Wife: McMillan 417 S.C. at 590, 790 S.E.2d at 220 ...
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