S.C. Code § 15-61-100

Current through 2024 Act No. 120.

Section 15-61-100 - Sale may be ordered without writ upon testimony taken

Nothing in Rule 71, South Carolina Rules of Civil Procedure, concerning partition actions, shall be construed to affect the power of a court hearing a partition action to dispense with the issuing of a writ of partition when, in the judgment of the court, it would involve unnecessary expense to issue such writ. And the court may in all proceedings in partition, without recourse to such writ, determine by means of testimony taken before the proper officer and reported to the court whether a partition in kind among the parties be practicable or expedient and, when such partition cannot be fairly and equally made, may order a sale of the property and a division of the proceeds according to the rights of the parties.

S.C. Code § 15-61-100

Amended by 2016 S.C. Acts, Act No. 153 (HB 3325), s 4, eff. 1/1/2017.

1886 (19) 506; R. S. 1951; Civ. C. '02 Section 2439; Civ. C. '12 Section 3525; Civ. C. '22 Section 5295; 1932 Code Section 8829; 1942 Code Section 8829; 1952 Code Section 10-2210; 1962 Code Section 10-2210.

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."