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S.C. Code Ann. § 15-61-330

Preliminary determination whether property is heirs' property; construction with Article 1

Known as the Clementa C. Pinckney Uniform Partition of Heirs' Property Act

The act spans §§ 15-61-310 to 15-61-420 (12 sections).

2016 Act No. 153 (H.3325), SECTION 1, eff January 1, 2017.

(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.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.