South Carolina § 15-61-100 - Sale may be ordered without writ upon testimony taken.
Full text of South Carolina South Carolina Code of Laws § 15-61-100 — Sale may be ordered without writ upon testimony taken., with citation guidance and answers to common questions.
§ 15-61-100. Sale may be ordered without writ upon testimony taken.
Nothing in Rule 71, South Carolina Rules of Civil Procedure, concerning partition actions, shall be construed to affect the power of a court hearing a partition action 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 writ. And the court may in all proceedings in partition, 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 among the parties be practicable or expedient and, when such partition cannot be fairly and equally made, may order a sale of the property and a division of the proceeds according to the rights of the parties.
HISTORY: 1962 Code SECTION 10-2210; 1952 Code SECTION 10-2210; 1942 Code SECTION 8829; 1932 Code SECTION 8829; Civ. C. '22 SECTION 5295; Civ. C. '12 SECTION 3525; Civ. C. '02 SECTION 2439; R. S. 1951; 1886 (19) 506; 2016 Act No. 153 (H.3325), SECTION 4, 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 4, substituted "Nothing in Rule 71, South Carolina Rules of Civil Procedure, concerning partition actions, shall be construed to affect the power of a court hearing a partition action" for "Nothing in SECTIONS 15-61-60 to 15-61-90 shall be construed to affect the power of the court of common pleas" in the first sentence.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 15-61-100
What does South Carolina Code of Laws § 15-61-100 cover?
Section 15-61-100 ("Sale may be ordered without writ upon testimony taken.") 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 § 15-61-100?
A common citation format is "South Carolina Code of Laws § 15-61-100" (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 § 15-61-100 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.