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288 S.C. 322

Abernathy v. Abernathy

Supreme Court of South Carolina

Decided March 31, 1986

Supreme Court of South Carolina · decided 1986-03-31

Cited by 2 later decisions — most recently December 1988

2 state decisions

Relies on Webber v. Webber · Anderson v. Anderson

Good law ✅— No negative treatment on recordhow we know

Decided 1986-03-31

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Gregory, Justice:

¶1Respondent Donna J. Abernathy commenced this divorce action against appellant Thomas C. Abernathy. The Family Court granted the divorce, and awarded respondent custody of the parties’ minor children, as well as determining child support and equitable distribution. This appeal followed. We reverse the equitable distribution award, and affirm the remainder of the order.

¶2The Family Court’s equitable distribution award was for Two Thousand ($2,000.00) Dollars of Six Thousand ($6,000.00) in improvements made to the marital home which was owned by appellant’s parents. In short, although neither party had title to the house, the trial judge ruled that the improvements were marital property. We disagree.

¶3This Court has held that improvements to non-marital *323property may be subject to equitable distribution. See Anderson v. Anderson, 282 S. C. 163, 318 S. E. (2d) 566 (1984); See also Webber v. Webber, 285 S. C. 425, 330 S. E. (2d) 79 (S. C. App. 1985). However, in Andersonand Webber, one of the parties did have title to the properties involved, although they were classified as non-marital for other reasons.

¶4To the contrary, in the instant case, neither party owns the marital home. Title is in appellant’s parents. It is clear that the doctrine of equitable distribution was never intended to extend to property owned by third parties. See S. C. Code Ann. § 20-7-420(2) (1976).

¶5Therefore, the Two Thousand ($2,000.00) Dollar equitable distribution award is vacated. Appellant’s remaining exceptions are without merit, and are affirmed pursuant to Supreme Court Rule 23.

¶6Affirmed in part; reversed in part.

Ness, C. J., and Harwell, Chandler and Finney, JJ., concur.
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