Detailed Answer — How to force a sale of an inherited interest in South Carolina

Short summary: If you own an undivided share of family land (usually as a tenant in common), you can ask a South Carolina court to divide the property or force its sale through a partition action. Courts prefer dividing land in kind when fair division is possible. If division is impracticable, the court can order a sale and distribute the proceeds after paying liens and costs.

What legal basis lets you ask for partition?

South Carolina law provides a civil procedure for partitioning real property owned by more than one person. The statutory framework for partition actions is set out in the South Carolina Code (see Title 15, Chapter 49). The court uses these procedures to decide whether to divide the land physically or to order a sale and divide the money.

Statute reference: South Carolina Code, Title 15, Chapter 49 — Partition (see scstatehouse.gov/code/t15c049.php).

Step-by-step: How to file a partition action in South Carolina

Confirm what you own and how it’s titled. Look at the deed(s) recorded at the county Register of Deeds and any probate records. Owners who inherit property often hold as tenants in common; tenants in common can bring a partition action. If the property is held differently (for example, joint tenancy with right of survivorship that did not sever), the situation may differ.
Identify all interested parties and liens. A partition complaint must name all co-owners who have an ownership interest and usually all lien holders (mortgagees, judgment creditors). Search the county land records and probate files for mortgages, tax liens, and other encumbrances.
Try to reach an out-of-court resolution first. Courts expect co-owners to attempt negotiation or a buyout. Consider mediation, a buyout offer, or selling the property voluntarily. A negotiated settlement can save time and costs.
Choose the right court and file a complaint. File the partition complaint in the county where the land lies. The complaint should describe the property, state each party’s interest, ask for partition in kind or a sale, and request a division of proceeds and payment of liens and costs. Local circuit court clerks can confirm filing procedures and fees. For civil filing information, see the South Carolina Judicial Branch: sccourts.org.
Serve all defendants and interested lienholders. After filing, serve each named defendant (co-owner and lien holders) according to South Carolina civil procedure rules. Proper service is essential; if someone is not served, you may not be able to obtain a final division affecting their interest.
Court process — partition in kind vs. sale. At trial or on motion, the court will consider whether a fair physical division (partition in kind) is possible without undue prejudice to any owner. If practical division would be inequitable or impossible, the court may order a sale and distribution of proceeds. The court may appoint commissioners or a referee to examine the property, value it, and recommend a method of partition.
Sale and distribution. If the court orders sale, it will direct how the sale is conducted (private sale or public auction), how costs and liens will be paid from sale proceeds, and how remaining proceeds will be divided among owners according to their shares.
Costs and credits. The court will account for mortgages, unpaid taxes, necessary expenses (advertising, commissions, repairs required to sell), and may award costs to prevailing parties. If a co-owner improved the property or paid the mortgage, the court can consider equitable adjustments.
Final judgment and enforcement. After the court approves sale and distribution, it will enter a final judgment directing distribution. If someone refuses to comply with a sale order, the court can enforce the judgment (for example through a sheriff’s sale or execution).

Common procedural details and practical points

Venue: File in the county where the real estate lies.
Parties: Include every person with a recorded ownership claim and known creditors with recorded liens.
Survey and title report: Providing a recent survey and title search helps the court and commissioners understand boundaries and encumbrances.
Commissioners or master: Courts commonly appoint neutral commissioners to value, divide, or sell.
Timeframe: A straightforward partition may take several months; contested cases or complex title issues can take much longer.

When a partition action may not be the best option

If the property has sentimental value, substantial sentimental improvements, environmental restrictions, or complex title claims, a partition action can reduce value through forced sale costs and litigation. Consider mediation, buyouts, or listing the property for sale by agreement before filing.

When to consult an attorney

Consider hiring an attorney if:

Title is unclear, or ownership depends on probate or will interpretation.
There are multiple creditors, mortgages, or unresolved liens.
One or more co-owners oppose sale or claim exclusive rights (e.g., life estate).
The property is high-value, has unique use (farm, timber), or division is complex.

Helpful Hints

Gather all documentation before filing: deed, title search, tax records, probate documents, mortgage statements, and surveys.
Talk with co-owners: A simple buyout or agreed sale avoids litigation costs and delays.
Check recorded liens and payoffs: Liens are paid from sale proceeds before owners share the remainder.
Consider a professional appraisal and survey: Accurate valuation and clear boundaries help the court or commissioners.
Ask about mediation: Many courts encourage or require mediation in civil disputes to try to resolve issues before trial.
Budget for costs: Filing fees, service fees, appraisals, commissions, and attorney fees can reduce your net recovery.
Document improvements and payments: If you paid mortgage or improved the property, keep records to seek equitable credits from the court.
Use local resources: County Register of Deeds and the circuit court clerk can provide records and filing information.

Key resources

South Carolina Code — Title 15, Chapter 49 (Partition): https://www.scstatehouse.gov/code/t15c049.php
South Carolina Judicial Branch (court filing and civil procedures): https://www.sccourts.org/

Disclaimer: This article explains general South Carolina law about partition actions and provides practical steps for someone who wants to force a sale of an inherited interest. It is general information only and is not legal advice. For advice about your specific situation, consult a licensed South Carolina attorney.