What Makes an Arbitration Agreement Unenforceable?
Is it easy to get out of arbitration in South Carolina? That’s the question we’ll look at today. Arbitration agreements and clauses are ubiquitous these days, from employment contracts to...
South Carolina Rejects the Mortgage Replacement Doctrine
The Supreme Court of South Carolina rejected the mortgage replacement doctrine in the 2023 case ArrowPointe Federal Credit Union v. Bailey (PDF), upholding the decision of the SC Court of...
What is a Lady Bird Deed? Are Lady Bird Deeds Legal in South Carolina?
A lady bird deed, like other kinds of deeds, determines how ownership of a property is transferred and to whom. It’s similar to a life estate deed in that it...
What Is the Legal Rate of Interest in South Carolina in 2024?
On January 4, 2024, the Supreme Court of South Carolina issued an order regarding interest rates on money decrees and judgments for the next twelve months. The legal rate of...
Are You Responsible for Your Spouse’s Debts?
Are you responsible for your spouse’s debts? It depends. Generally, you are not responsible for any debts your spouse brings into the marriage. As for debts incurred during the marriage,...
What is a Right of First Refusal and When Is It Enforceable?
The right of first refusal sounds simple on the surface. A right of first refusal (ROFR) gives the right-holder the opportunity to enter into a business transaction with another party...
What is Family Malpractice™, and Have You Committed It?
Updated April 2024 Have you committed Family Malpractice™? If you’ve neglected your legal responsibilities regarding your family, then yes, you have. What is Family Malpractice™? You’ve heard of attorney malpractice,...
What Happens to Your Estate If You Die During a Divorce in South Carolina? Spousal Elective Share
Imagine this scenario: Husband and Wife have been married for many years. One day, Wife files for divorce. At a hearing a few months later, the divorce is granted. Husband...
What is “Unconsionability” in the Law?
What is “unconscionability” in the law, and how is it viewed by the high courts in South Carolina? In this blog we’ll look at the definition of unconscionability, its elements,...
Same-Sex Marriage in South Carolina After Obergefell
The US Supreme Court made history with the 2015 decision Obergefell v Hodges, ruling that same-sex couples have a right to marry under the Fourteenth Amendment of the Constitution. Before...
