How to Force Sale or Division of Co-Owned Property After Divorce 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 you and your ex remain co-owners of real property after divorce, South Carolina law gives several paths to divide or end joint ownership. Which route fits best depends on paperwork (the deed and the divorce decree), the type of ownership, any mortgages or liens, and whether you and the other owner can reach an agreement.

1) Enforce the divorce decree or property settlement agreement

If your divorce judgment or a written property settlement assigned the property to one spouse but the deed was never changed, start by enforcing that court order. South Carolina family courts can order conveyance, and a party who refuses to follow the divorce judgment can be subject to contempt or other enforcement motions. Gather the divorce judgment and any written settlement and ask a family-law attorney about filing a motion to enforce the order.

2) Negotiate a buyout

Co-owners commonly negotiate a buyout: one owner pays the other the fair-share value so one person keeps the property. A buyout can be handled by agreement, with a deed transfer and payment terms (cash, loan refinance, or promissory note). This is often faster and cheaper than litigation.

3) Partition action (court-ordered division or sale)

When co-owners cannot agree, file a partition action in the civil court where the property sits. The court may:

• Partition in kind — physically divide the land if it can be fairly and practically split; or
• Partition by sale — order the property sold and divide the net proceeds among the owners according to their interests.

Partition is a standard remedy for forced division of co-owned real property. The statutes and procedures governing partition are in the South Carolina Code of Laws; you can review the state code on the legislature’s site: South Carolina Code of Laws. Expect the court to consider practicality, fairness, and the costs of dividing vs selling.

4) Quiet-title or declaratory judgment actions

If ownership is unclear — for example because of an ambiguous deed or title issues — you may need a quiet-title or declaratory-judgment action to clarify ownership shares before a sale or division. A clear title makes a sale or refinance possible.

5) Foreclosure or lien remedies (if there is an unpaid mortgage or judgment)

If a mortgage or lien exists and one co-owner is not paying, the lender may foreclose, or a co-owner who holds a judgment may be able to enforce a lien. These remedies can force a sale but have different priorities and consequences than a partition action.

6) Mediation or alternative dispute resolution

Mediation often resolves property disputes faster and cheaper than a lawsuit. A neutral mediator can help structure a buyout, sale process, or other settlement that both parties accept.

Key practical points and likely outcomes

• If the court orders sale, it normally pays liens, mortgages, and sale costs, then divides net proceeds among co-owners according to ownership shares or decree directions.
• Court litigation can be expensive and take months to over a year, depending on complexity and appeals.
• A deed controls the form of ownership: joint tenancy with right of survivorship behaves differently than tenancy in common. If the deed contains survivorship language, that can affect outcomes. If the deed is silent, South Carolina law commonly treats co-owners as tenants in common unless the deed indicates otherwise.
• Titles, mortgages, tax consequences, and possible liens will affect proceeds and options. Consider consulting a title company early to find recorded encumbrances.

Helpful Hints — Practical steps to take now

1. Collect documents: deed(s), mortgage statements, divorce judgment and property settlement agreement, tax statements, insurance policies, and any written communications about ownership or sale.
2. Confirm the type of ownership on the deed (joint tenancy vs tenancy in common) and whether the divorce order assigned the property; the deed controls title until changed.
3. Check liens and mortgages with a title search or county records. Know the payoff amounts and lien priorities before negotiating.
4. Attempt a negotiated solution first: offer a buyout, propose selling and splitting net proceeds, or agree to listing terms and a broker. Put agreements in writing and record a new deed when you close a deal.
5. If negotiation fails, consult a South Carolina real property or civil litigation attorney about filing a partition action or a motion to enforce the divorce decree. Many firms offer an initial consultation to review options and likely costs.
6. If you fear the other owner will sell, encumber, or hide the property, speak with an attorney quickly about filing a lien, notice, or lis pendens to protect your interest while you pursue relief in court.
7. Consider mediation before filing suit. Courts often view a good-faith settlement attempt favorably and mediation can cut legal fees and time.
8. Plan for taxes and closing costs. A sale will normally trigger capital gains, closing fees, and prorated taxes; budget accordingly.

What to ask a lawyer

• Can you review my deed and divorce judgment to determine who the title shows and whether the court order needs enforcement?
• Do I have grounds to file a partition action or a motion to enforce the divorce decree?
• What are the likely timelines, court costs, and attorney fees for negotiation vs litigation?
• Would mediation be appropriate? How do we set up a fair sale or buyout?
• How will outstanding mortgages, liens, or taxes affect my share of proceeds?