Partition Actions in South Carolina | SC Legal Resources | FastCounsel

South Carolina: What a "With Prejudice" Dismissal Means in a Partition Case

Understanding a "With Prejudice" Dismissal in a South Carolina Partition Action This FAQ-style explanation helps non-lawyers understand what a court order that dismisses a partition action "with prejudice" means, what it does and does not do, and what practical steps a property owner can take next. This is educational information only and is not legal […]

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How to Force Sale or Division of Co-Owned Property After Divorce in South Carolina

Can I force the sale or division of real property I still co-own with my ex in South Carolina? Disclaimer This is general information and not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed South Carolina attorney. Detailed Answer — Your main options in South Carolina If […]

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Filing a Partition Action to Force Sale of a Deceased Parent's House in South Carolina

Detailed answer: How a partition action works in South Carolina When two or more people own the same real property and they cannot agree on what to do with it, South Carolina law allows a co-owner to ask a court to divide the property or force its sale. This remedy is called a partition action. […]

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South Carolina: How to Offer a Buyout to Co-Owners During a Partition Case

Options for Buying Out Co-Owners in a South Carolina Partition Case Disclaimer: I am not a lawyer. This article provides general information about South Carolina law and common steps people take when trying to buy out co-owners in a partition dispute. This is not legal advice. Consult a licensed South Carolina attorney about your specific […]

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What to Do if an Heir Refuses to Vacate Inherited Property in South Carolina

Detailed Answer When one or more heirs inherit real property in South Carolina and a co‑owner (another heir) continues to live in the inherited property and refuses to move out or to agree to sell, the normal legal remedy is a partition action in the Circuit Court. A partition action forces a division of the […]

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Options When the Court Is Asked Only to Sell the House — South Carolina

What to Do When the Court Is Asked Only to Sell the House (South Carolina) This FAQ-style guide explains practical options under South Carolina law when the other party asks a court to order the house sold but does not propose buyout terms. It uses simple hypotheticals and points you to key statutes. This is […]

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Risks of Granting a Life Estate Instead of Selling — South Carolina

Detailed Answer — what can go wrong if you grant a life estate instead of selling the property (South Carolina) Giving another owner a life estate means you transfer to that person the right to possess and use the property for the rest of their life, while you (or someone else) keep the remainder interest […]

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South Carolina: Forcing a Sale of Jointly Owned Property (Partition Actions)

Detailed Answer If you and another person own real estate together in South Carolina and one owner will not cooperate or will not continue mediation, the main legal tool to force a sale is a court action called a partition. A partition action asks the Circuit Court in the county where the property is located […]

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Dividing or Forcing Sale of Co-Owned Farmland in South Carolina: Options for Heirs

Options to Divide or Force Sale of Co-Owned Farmland When Heirs Disagree Disclaimer This is general information, not legal advice. I am not a lawyer. For guidance about your specific situation, consult a South Carolina attorney who handles real estate or probate disputes. Detailed Answer — How partition and forced sale work in South Carolina […]

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How to Start a Partition Action in South Carolina When a Co‑Owner Refuses to Agree

How to Start a Partition Action in South Carolina When a Co‑Owner Refuses to Agree Short answer: In South Carolina you generally must file a civil partition action in the Circuit Court (the county where the property is located) asking the court to divide or sell the property and distribute the proceeds. Before filing, you […]

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