(A)(1) 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:
(a) 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
(b) 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.
(2) Prior rights and interests of third parties:
(a) in real property are not affected by filing a Notice of Pendency of Action; and
(b) in personal property are not affected by receipt of written notice of such a filing.
(B)(1) Upon entry of judgment against a party requiring payment of money or transfer of property, whether by interlocutory order or final decree, a party may apply to the court for issuance of a transcript of judgment in the form prescribed in Section 20-3-680. This transcript may be recorded in the office of the clerk of court of common pleas and indexed in the books of abstracts of judgments of any county of this State as provided by law.
(2) After the order or decree has been duly recorded and indexed in the office of the clerk of court of common pleas, the order or decree has all force and effect of judgments of the courts of common pleas as provided by law, the recording and indexing constituting record notice to all persons of the order or decree recorded and indexed.
(3) The recordation and filing of a transcript of judgment does not prevent the court from exercising any equitable or other presently existing power of enforcement of the order or decree which is within its jurisdiction.
(C) The statutory lien created by Section 20-3-145 is not effective as against third parties unless this section has been complied with.
HISTORY: 2008 Act No. 361, Section 3, eff June 16, 2008.
Editor's Note
Prior laws. 1986 Act No. 522 Section 1; 1987 Act No. 14 Section 2; 1976 Code Section 20-7-477.
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.