The court of common pleas has jurisdiction in all cases of real and personal estates held in joint tenancy or in common to make partition in kind or by allotment to one or more of the parties upon their accounting to the other parties in interest for their respective shares or, in case partition in kind or by allotment cannot be fairly and impartially made and without injury to any of the parties in interest, by the sale of the property and the division of the proceeds according to the rights of the parties.
S.C. Code Ann. § 15-61-50
Jurisdiction to partition in kind or by sale
Applied in 11 court decisions — leading case Anderson v. Anderson (1989)
Most recently applied in Byrd v. McDonald (June 2016)
1962 Code SECTION 10-2205; 1952 Code SECTION 10-2205; 1942 Code SECTION 8827; 1932 Code SECTION 8827; Civ
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.