Detailed Answer — How South Carolina courts typically handle a requested sale without buyout terms

Short answer: you have several procedural and settlement options. The court can order sale and division of proceeds, but you can ask the court to consider alternative relief (buyout, partition in kind, retention with credits) or require the moving party to provide more detail (appraisal, proposed sale procedure, and division formula). South Carolina law gives courts authority to divide marital property in divorce and provides procedures for partition of real estate between co-owners.

Relevant law (where the court draws its authority)

• Equitable distribution in divorce: S.C. Code Ann. § 20-3-620 gives the court power to divide marital property fairly. A link to the code chapter: S.C. Code Title 20, Chapter 3.
• Partition of real property between co-owners: South Carolina permits partition remedies (including sale) under the civil code for partition actions. See the South Carolina Code chapter on partition: S.C. Code Title 15, Chapter 67 (Partition).

Common courtroom outcomes

Where a party asks the court simply to “sell the house” without buyout terms, courts commonly do one of the following:

• Order a sale and direct how proceeds are to be divided (net of liens, sale costs, and any credits) — typical in divorce when the property is marital and neither spouse can keep it.
• Require an appraisal or ordered valuation before sale so the court can set a fair division or allow a buyout offer to be judged against fair market value.
• Grant a short continuance to allow the parties to negotiate buyout terms or mediation rather than forcing a sale immediately.
• In a partition case between co-owners, order partition in kind if feasible or partition by sale if physical division is impractical; sale proceeds are then divided according to legal ownership shares and any equitable adjustments.

Your practical options and the steps to take

1. Respond promptly in court papers. If you receive a motion or complaint asking only for sale, file a timely response. Ask the court to require the moving party to provide a proposed procedure for sale and an accounting of liens, taxes, insurance, and contributions.
2. Ask the court to order an appraisal or valuation. A neutral market-value appraisal helps when you want to propose a buyout based on fair market value rather than accept an immediate forced sale.
3. Move for alternative relief: motion for buyout (one party purchases the other’s interest), motion to retain possession with a money adjustment, or motion to postpone sale while you seek financing to buy out the other party.
4. Propose a buyout formula in writing. Offer a clear method: appraised market value minus liens and closing costs, then divide the net proceeds according to ownership shares or equitable distribution rules. Be sure to include who pays what (mortgage, taxes) during any interim period.
5. Request temporary orders. Ask for orders about who pays the mortgage, insurance, taxes, utilities, and repairs while the dispute is pending so you’re not left with unpaid obligations or diminished property value.
6. Use mediation or settlement negotiation. Courts in South Carolina often encourage settlement. Mediation can produce buyout terms the court will approve and avoid the costs of selling the house.
7. If co-owners file a partition action, consider counterclaims. In a partition suit you can ask for partition in kind (rare for a single-family home), an accounting of contributions, or an equitable division of sale proceeds rather than an immediate forced sale.
8. Prepare for sale terms if you cannot avoid sale. If the court orders sale, push for specific sale procedures: who lists the property, approval of the broker/agent, minimum acceptable sale price, and how sale costs are allocated.

How buyout amounts are commonly computed

Typical buyout math uses market value less mortgages and sale costs, then multiplies the net equity by each party’s share. Courts also consider credits (premarital contributions, mortgage payments made by one party, improvements paid by one party) when dividing equity under equitable distribution. Ask the court to order an accounting of mortgage pay-downs, contributions, and improvements so these credits are documented.

Hypothetical example

Hypothetical: the home appraises at $300,000 with a $200,000 mortgage. Net equity = $100,000. If spouses share equally, each is entitled to $50,000. If one spouse wants to keep the house, that spouse could offer $50,000 (plus assume the mortgage) or propose an adjusted buyout if they paid more toward the mortgage. If the other spouse only asked for sale with no terms, you could ask the court to order appraisal, require an accounting of payments, and allow a buyout offer based on the appraisal and credits — or proceed to sale if no agreement is reached.

Helpful Hints

• Gather documents: mortgage statements, tax bills, insurance, receipts for improvements, closing statements, and any written offers or communications about the house.
• Request a neutral appraisal early — it strengthens buyout negotiations and gives the court a reliable valuation.
• Ask the court for temporary orders allocating ongoing costs (mortgage, insurance, taxes) so the property’s value does not decline while the case proceeds.
• Consider mediation before a hearing. Mediated buyout terms often save time and money compared with a public sale.
• If you want to buy out the other party but need financing, get pre-approved quickly and present proof to the court to show you can close if the court approves a buyout.
• Be specific in pleadings: propose a clear buyout calculation and timeline — courts prefer concrete proposals over vague requests to “sell.”
• Remember sale costs reduce net proceeds: realtor commissions, repairs required to market the home, closing costs, and any court-ordered expenses will come out of the sale price.
• Act quickly. Deadlines for responses, discovery, and temporary relief can be short; missing deadlines may limit your options.

When to consult an attorney

If the house represents significant equity, if one party made substantial unequal contributions, or if you need help drafting a buyout proposal or temporary order, talk to an attorney familiar with South Carolina family and real estate law. An attorney can prepare pleadings, negotiate buyout terms, obtain appraisals, and present evidence of credits the court should consider.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed South Carolina attorney.