South Carolina Code 15-61-10. Partition is compellable between certain joint tenants and tenants in common; Determination if property is heirs’ property
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(A) All joint tenants and tenants in common who hold, jointly or in common, for a term of life or years or of whom one has an estate for a term of life or years with the other that has an estate of inheritance or freehold in any lands, tenements or hereditaments shall be compellable to make severance and partition of all such lands, tenements and hereditaments.
(B) In an action to partition real property, upon motion of a party or from statements contained in the pleadings, a 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 property must be partitioned under Article 3, Chapter 61 of Title 15, unless all of the cotenants otherwise agree in a record.
Terms Used In South Carolina Code 15-61-10
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- property: as used in this Title , includes both real and personal property. See South Carolina Code 15-1-50
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.