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Canady v. Canady, 374 S.E.2d 502 (Ct. App. 1988)

Court of Appeals of South Carolina

Ernestine CANADY, Respondent,


Turner L. CANADY, Jr., Appellant.

No. 1232.
Heard Sept. 21, 1988.
Decided Oct. 31, 1988.

Judgment of marital dissolution was entered in the Family Court, Charleston County, J. Clator Arrants, J., and former wife appealed. The Court of Appeals, Cureton, J., 289 S.C. 512, 347 S.E.2d 115, affirmed in part, reversed in part, and remanded. On remand, the Family Court, found that certain property had been transmuted into marital property and awarded periodic alimony to former wife. Former husband appealed. The Court of Appeals, Shaw, J., held that: (1) home and 25-acre tract of land upon which home was located, which was conveyed to husband by his grandmother during husband's marriage, was transmuted into marital property; (2) court's award to wife of 40 percent of value of home and 25-acre tract upon which home was located was proper; and (3) court's award of permanent, periodic alimony of $250 per month to wife was proper.

SHAW, Judge:

This is a domestic action which this court has had occasion to review before. The first appeal resulted in a remand for a redetermination of marital property and alimony. Canady v. Canady, 289 S.C. 512, 347 S.E.2d 115 (Ct.App.1986). Mr. Canady appeals the family court's order on remand challenging: (1) the finding of certain property as transmuted marital property, (2) the division of marital property, and (3) the award of periodic alimony to Mrs. Canady. We affirm.

The facts having been set forth in our prior opinion, we need not recite them here. Any additional facts necessary to the disposition of this case will be set forth below.

Mr. Canady contends the trial judge erred in equitably dividing a 25 acre tract of land with improvements conveyed to him by his grandmother during the couple's marriage. The couple lived on the property since they married and had been married for ten years at the time of the conveyance from the grandmother. After the conveyance, the parties took out a series of joint loans to make renovations and improvements. The mortgage covered the entire 25 acres. The parties were jointly responsible for the payments which were made from joint funds.

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