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South Carolina Family Law Blog Information and Insight On Family Law Issues In South Carolina

Unenforceable Agreements, Conversion of Notes, and Equitable Set-Offs

Posted in Assets and Debts, Procedure

In a decision earlier this week, the S.C. Supreme Court declined to enforce a 1997 agreement resulting from mediation between Husband and Wife because the agreement was neither entered into the trial court’s record nor acknowledged in open court.

The Court further held that the Family Court correctly converted Wife’s share in a note to Husband from his real estate company into a money judgment because Husband never assigned the note to Wife and Husband should not be permitted to gain from his failure to assign by now claiming that Wife has not properly sought collection on the note.

The Court reversed the trial court’s decision to award Husband an equitable set-off, holding that Husband is not a party deserving of equitable treatment because of his own misdeeds in dealing with Wife and with the court.

You can read the full text of Buckley v. Shealy by clicking HERE.