Detailed Answer
When two or more people own the same real estate in South Carolina, disputes can arise over use, sale or division of the property. A partition action is a court process under South Carolina law that lets co-owners force a division or sale of the property when they cannot agree. This process is governed by Chapter 51 of Title 15 of the South Carolina Code (see SC Code Ann. § 15-51-10 et seq.).
Here’s how a partition action typically works:
- Filing the Complaint: One co-owner (the plaintiff) files a partition complaint in the county where the property lies. The complaint names all other co-owners as defendants and describes the property.
- Service and Response: Defendants receive the complaint and have a set time to respond. If a co-owner objects to partition or claims an interest dispute, they must raise it formally.
- Court Evaluation: The court verifies ownership shares, outstanding liens and any agreements that affect partition (e.g., a co-ownership agreement). The judge decides whether partition in kind or partition by sale is appropriate under SC Code Ann. § 15-51-20.
- Partition in Kind: If the property can be divided fairly into separate parcels matching each owner’s share without significantly reducing its value, the court orders division. Each owner receives a distinct parcel.
- Partition by Sale: If in-kind division is impracticable or would substantially harm the property’s value, the court orders a public sale. Proceeds are split according to each owner’s share after paying costs and liens.
- Distribution of Proceeds or Deed: After sale, the clerk of court collects bids, confirms the sale and distributes net proceeds. For in-kind partitions, the court issues new deeds reflecting each owner’s allocated parcel.
- Costs and Fees: Court costs, appraisal fees and commissions for selling the property are typically paid from the sale proceeds or assessed against each party’s share.
A partition action offers a clear legal path for co-owners to resolve deadlocks when negotiations fail. It ensures a fair division based on statutory procedures and court oversight.
Helpful Hints
- Review any co-ownership agreements before filing. They may specify methods for sale or division.
- Consider mediation. Courts often encourage or require alternative dispute resolution to save time and money.
- Obtain a professional appraisal. An accurate valuation helps the court decide whether in-kind division is feasible.
- Gather clear title documents and mortgage information to streamline the court’s review.
- Budget for court costs, appraisal fees and potential survey expenses when planning your partition strategy.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in South Carolina to discuss your specific situation.