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South Carolina · Through 2025 Session of the General Assembly

S.C. Code Ann. § 15-61-350: Sale may be ordered without writ upon testimony taken.

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Where this section sits in the code
  1. Title 15 - CIVIL REMEDIES AND PROCEDURES
  2. CHAPTER 61 Partition
  3. ARTICLE 3 Clementa C. Pinckney Uniform Partition of Heirs' Property Act

Pursuant to Rule 71, South Carolina Rules of Civil Procedure, this article does not affect a court's power, in partition proceedings, 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 a writ. A court may, in all partition proceedings, 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 or partition by allotment among the parties is practicable or expedient and, when such cannot be fairly and equally made, may order the sale of the property and a division of the proceeds according to the rights of the parties. If a court issues a writ of partition and appoints commissioners pursuant to Rule 71, South Carolina Rules of Civil Procedure, each commissioner, in addition to the requirements and disqualifications applicable to commissioners in Rule 71, must be disinterested and impartial and not a party to or a participant in the action.

Collected 2026-09-02T06:42:44Z. Source file · JSON

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