(A) In determining pursuant to Section 15-61-380(A) whether partition in kind or partition by allotment would result in manifest prejudice or manifest injury to the cotenants as a group, the court shall consider the following:
(1) whether the heirs' property practicably can be divided among the cotenants;
(2) whether partition in kind or partition by allotment would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur;
(3) evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other;
(4) a cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant;
(5) the lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property;
(6) the degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and
(7) any other relevant factor.
(B) The court may not consider any one factor in subsection (A) to be dispositive without weighing the totality of all relevant factors and circumstances.
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.