§ 20-3-650 — Sequestration of property.

(A) At any stage of a proceeding under this article where it appears to the court that personal jurisdiction may not be obtained over an absent party or where a party refuses to comply with an order of the court, the court may, upon appropriate petition, order the sequestration of that party's real and personal property which is within this State. The court may also appoint a sequestrator and, by injunction or otherwise, authorize the sequestrator to take the property into possession and control. In the case of an absent party, the court may appoint the party residing in this State as sequestator. (B) The property sequestered and the income from it may be applied in whole or in part, at the direction of the court and as justice may require, so as to achieve an equitable apportionment of property as set forth in this article. (C) Additionally, the court, in its discretion, if the property and income from it which may be sequestered is insufficient to pay what is required, may, upon terms and conditions as it considers in the interests of justice, direct the mortgaging of or the public or private sale of a sufficient amount of the sequestered property to pay what is required. (D) The family court in which the action is filed has jurisdiction and venue to sequester property located within this State. (E) The remedies in this section are cumulative to all other remedies which may be available to the parties.

Legislative History

HISTORY: 2008 Act No. 361, SECTION 3, eff June 16, 2008. Editor's Note Prior laws. 1986 Act No. 522 SECTION 1; 1976 Code SECTION 20-7-475.