(A) The court may direct a party to execute and deliver any deed, bill of sale, note, mortgage, or other document necessary to carry out its order of equitable apportionment. If a party so directed fails to comply, the court may direct the clerk of court in the county in which the property involved is situate to execute and deliver the document, and this performance by the clerk is as effective as the performance of the party would have been. The court in making an equitable apportionment may order the public or private sale of all or any portion of the marital property upon terms it determines.
(B) The court may utilize any other reasonable means to achieve equity between the parties, which means are subject to and may not be inconsistent with the other provisions of this article and may include making a monetary award to achieve an equitable apportionment. Any monetary award made does not constitute a payment which is treated as ordinary income to the recipient under either the provisions of Chapter 6, Title 12 or, to the extent lawful, under the United States Internal Revenue Code.
HISTORY: 2008 Act 361, Section 3, eff June 16, 2008.
Editor's Note
Prior laws. 1986 Act No. 522 Section 1; 1976 Code Section 20-7-476.
Structure South Carolina Code of Laws
Section 20-3-10. Grounds for divorce.
Section 20-3-20. Effect of collusion.
Section 20-3-30. Residence requirement.
Section 20-3-40. Married person deemed of age.
Section 20-3-50. Jurisdiction of actions for divorce.
Section 20-3-70. Service of summons on nonresident.
Section 20-3-80. Required delays before reference and final decree; exceptions.
Section 20-3-90. Attempt at reconciliation.
Section 20-3-100. Attempt at reconciliation when one party is in armed forces overseas.
Section 20-3-110. Injunctions incident to divorce suits.
Section 20-3-120. Alimony and suit money.
Section 20-3-125. Petition to enforce award of attorney fee.
Section 20-3-130. Award of alimony and other allowances.
Section 20-3-135. Spousal support obligation when marriage declared void due to fraud.
Section 20-3-145. Attorney fee to constitute lien; payment to estate.
Section 20-3-160. Care, custody, and maintenance of children.
Section 20-3-180. Change of name after divorce or separation.
Section 20-3-190. Divorced wife barred of dower.
Section 20-3-200. Divorce shall not render children illegitimate.
Section 20-3-210. Unlawful advertising for purpose of procuring divorce.
Section 20-3-220. Unlawful advertising for purpose of procuring divorce; penalty.
Section 20-3-410. Short title.
Section 20-3-420. Nonresident divorce shall be void if parties were domiciled here.
Section 20-3-430. Prima facie evidence of domicile.
Section 20-3-440. Construction.
Section 20-3-610. Spousal equity and ownership rights.
Section 20-3-620. Apportionment factors.
Section 20-3-630. Marital property; nonmarital property.
Section 20-3-640. Declining values of contributions.
Section 20-3-650. Sequestration of property.
Section 20-3-660. Court's authority to achieve equitable apportionment.
Section 20-3-670. Notice of pendency of action.
Section 20-3-680. Form of transcript of judgment.
Section 20-3-690. Subject matter jurisdiction over contracts.