Detailed Answer
Ownership Interest Overview
In South Carolina, paying property taxes alone does not give you an ownership interest in real property. The owner of record holds title unless a court finds otherwise. South Carolina Code Ann. § 12-37-310 establishes the lien for unpaid property taxes, but paying taxes does not alter the deed or create new ownership. SC Code § 12-37-310.
Tax Liens and Security
When property taxes become delinquent, South Carolina law automatically places a lien on the property. The lien secures the government’s interest, not yours. If you pay the taxes, you satisfy the lien, but you do not become an owner. You simply prevent the property from going to tax sale. See SC Code §§ 12-51-10 to 12-51-250 for tax sale procedures.
Equitable Doctrines
Certain equitable doctrines can protect contributions to property expenses. For example, a court may impose a constructive trust or recognize an equitable lien if you paid taxes under a mistaken belief you would receive an interest. However, you must prove:
- A clear promise or agreement by the record owner
- You relied on that promise
- You paid taxes expecting to obtain an interest
- Injustice results if the court denies your claim
These claims rely on equity and are fact-specific. Courts review evidence and intent. See SC Code Title 27, Chapter 37 (Uniform Trust Act) for general trust principles.
Contributions vs. Tax Payments
Contributing to mortgage principal or improvements may support a claim for an equitable interest. Simply paying property taxes, without more, rarely suffices. Document any agreement in writing to strengthen your position.
Disclaimer: This article provides general information under South Carolina law. It is not legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Keep written records of any promises or agreements regarding property interests.
- Obtain written consent or co-ownership agreements when contributing to property expenses.
- Consult an attorney before paying delinquent taxes if you expect an ownership interest.
- Ask about filing for an equitable lien or constructive trust if you paid taxes under a promise.
- Review South Carolina tax lien and tax sale statutes to understand your rights.