Disclaimer: This article provides general information about South Carolina law and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed South Carolina attorney.

Detailed Answer

If you inherit real property with other co-owners and some owners do not respond to requests to cooperate, court-ordered partition lets one or more co-owners force a division or sale of the property. In South Carolina, partition actions are handled in circuit court under the state partition laws. See the South Carolina Code, Title 15, Chapter 41: S.C. Code Ann., Title 15, Chapter 41 (Partition).

1. Confirm ownership and estate status

Start with a title search and check the probate file (if the property came through a decedent’s estate). Determine:

• Whether title is in the decedent’s name, the estate, or already passed to heirs or devisees.
• Each co-owner’s ownership type (tenancy in common is typical for heirs).
• Outstanding liens, mortgages, taxes, or mortgages that affect the property.

2. Try voluntary resolution first

Courts expect claimants to try negotiation before filing. Send a written demand that explains your intent to partition if there is no response by a deadline. Keep proof of delivery (certified mail, return receipt). Consider mediation or using the personal representative (if an estate is open) to coordinate.

3. Who to name in the complaint

The complaint must name all persons with an interest in the property: heirs, devisees, surviving joint tenants, lienholders, and other recorded stakeholders. If an owner is a minor or legally incapacitated, the court will require a guardian ad litem or guardian to be appointed to protect that person’s interests.

4. Filing the partition complaint in South Carolina circuit court

File a petition (complaint) for partition in the county where the property sits. The complaint should state ownership interests and ask the court to either:

• Partition the property in kind (divide the land physically), or
• Order a sale and distribute proceeds among owners if division in kind is impractical.

South Carolina courts commonly appoint commissioners to value the property, report on whether a partition in kind is feasible, and, if necessary, oversee a sale and division of proceeds.

5. Serving co-owners who will not respond

Proper service of process is required for the court to acquire jurisdiction over each defendant. Methods include personal service, substituted service, certified mail (where allowed), or service by publication if a party’s location is unknown after diligent effort. Service by publication is a last resort and requires the plaintiff to show the court they used reasonable efforts to locate the absentee owner. If a defendant is served by publication, that defendant may lose the right to contest the partition if they fail to appear as required.

6. Common procedural issues and timing

• If the estate administration is still open, coordinate with the personal representative. Sometimes the estate must be closed or the representative joined as a party before final disposition.
• If the property has mortgages or liens, those claims must be addressed. A sale proceeds distribution will first satisfy valid liens.
• If co-owners occupy the property, ask the court for temporary relief (injunction, appointment of a receiver, or rent allocation) to prevent waste or prejudice pending final disposition.
• Anticipate months for resolution. If the court orders a sale, the sale process and title clearing can extend the timeline further.

7. Practical consequences for unresponsive co-owners

Even if a co-owner ignores notices, the court can proceed after proper service. Once the court issues a final order (division or sale), that order binds all properly served parties, and the property or proceeds can be distributed according to the judgment.

8. Post-judgment steps

After sale or division, ensure the court’s order is recorded (deed to purchaser or partition deed). Clear remaining title issues, satisfy liens, and distribute proceeds. The court may award costs and, in some cases, attorney fees as allowed by law or equitable principles.

Helpful Hints

• Start with a title report and probate check. Knowing whose name appears in public records reduces surprises.
• Document every attempt to contact co-owners. Courts evaluate whether you made reasonable efforts before allowing service by publication.
• Keep copies of written demands and receipts for certified mail. Courts prefer objective proof of notice attempts.
• If heirs are unknown or scattered, consider a professional heir search or private investigator before suing.
• Consider asking the court to appoint a receiver if co-owners occupy the property and are ignoring maintenance, taxes, or utilities; a receiver can collect rents and maintain the asset pending final resolution.
• Minors or incapacitated persons require special procedures. Inform the court if any co-owner is a minor or incompetent so the court can appoint a guardian ad litem.
• Expect the court to prefer a partition in kind when it is practical and fair. Courts order sales when partition in kind would be wasteful or impractical.
• Costs of partition (commissioners, appraisal, sale costs, legal fees) reduce each owner’s net distribution. Budget for these expenses.
• Consult a South Carolina real property attorney early. They can prepare the complaint, manage service, seek appropriate interim relief, and protect your share.

For the statutory framework, see the South Carolina partition statutes at: S.C. Code Ann., Title 15, Chapter 41 (Partition).