(A) In an action to partition real property under Article 1, upon motion of a party or from statements contained in the pleadings, the court shall determine, in a preliminary hearing held after the filing of the action, whether the property is heirs' property. If the court determines that the property is heirs' property, the partition of the heirs' property is governed by the provisions of this article, unless all cotenants otherwise agree in a record.
(B) This article supplements the provisions of Article 1 and if the provisions of this article differ from the provisions of Article 1, the provisions of this article control for partitions of heirs' property.
HISTORY: 2016 Act No. 153 (H.3325), Section 1, eff January 1, 2017.
Editor's Note
2016 Act No. 153, Section 6, provides as follows:
"SECTION 6. This act takes effect on January 1, 2017, and applies to partition actions filed on or after that date."
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Section 15-61-11. Waiver of partition of land which is site of electric generating plant.
Section 15-61-20. Only parties to proceeding are affected by partition.
Section 15-61-30. State as owner of escheated interest is not necessary party.
Section 15-61-40. Validation of certain titles.
Section 15-61-50. Jurisdiction to partition in kind or by sale.
Section 15-61-100. Sale may be ordered without writ upon testimony taken.
Section 15-61-110. Attorneys' fees.
Section 15-61-310. Short title.
Section 15-61-320. Definitions.
Section 15-61-340. Service of pleading; notice by publication.
Section 15-61-350. Sale may be ordered without writ upon testimony taken.
Section 15-61-360. Determination of value of property.
Section 15-61-370. Cotenant requesting partition by sale.
Section 15-61-380. Partition in kind or by allotment.
Section 15-61-390. Determination of manifest prejudice or injury to cotenants as a group.
Section 15-61-400. Sale of heirs' property; open-market sale; sale by sealed bids.
Section 15-61-410. Report of broker appointed to offer heirs' property for open-market sale.