South Carolina § 15-61-330 - Preliminary determination whether property is heirs' property; construction with Article 1.
Full text of South Carolina South Carolina Code of Laws § 15-61-330 — Preliminary determination whether property is heirs' property; construction with Article 1., with citation guidance and answers to common questions.
§ 15-61-330. Preliminary determination whether property is heirs' property; construction with Article 1.
(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.
HISTORY: 2016 Act No. 153 (H.3325), SECTION 1, 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."
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 15-61-330
What does South Carolina Code of Laws § 15-61-330 cover?
Section 15-61-330 ("Preliminary determination whether property is heirs' property; construction with Article 1.") 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 § 15-61-330?
A common citation format is "South Carolina Code of Laws § 15-61-330" (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 § 15-61-330 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.