South Carolina § 15-61-10 - Partition is compellable between certain joint tenants and tenants in common; Determination if property is heirs' property.
Full text of South Carolina South Carolina Code of Laws § 15-61-10 — Partition is compellable between certain joint tenants and tenants in common; Determination if property is heirs' property., with citation guidance and answers to common questions.
§ 15-61-10. Partition is compellable between certain joint tenants and tenants in common; Determination if property is heirs' property.
(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, Title 15, unless all of the cotenants otherwise agree in a record.
HISTORY: 1962 Code SECTION 10-2201; 1952 Code SECTION 10-2201; 1942 Code SECTION 8826; 1932 Code SECTION 8826; Civ. C. '22 SECTION 5292; Civ. C. '12 SECTION 3522; Civ. C. '02 SECTION 2436; G. S. 1829; R. S. 1948; 1712 (2) 471, 474; 2016 Act No. 153 (H.3325), SECTION 3, eff January 1, 2017.
Editor's Note
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."
Effect of Amendment
2016 Act No. 153, SECTION 3, added paragraph identifier (A), and added (B), relating to heirs' property.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 15-61-10
What does South Carolina Code of Laws § 15-61-10 cover?
Section 15-61-10 ("Partition is compellable between certain joint tenants and tenants in common; Determination if property is heirs' property.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 15-61-10?
A common citation format is "South Carolina Code of Laws § 15-61-10" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 15-61-10 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.