Detailed Answer

When multiple heirs inherit a house in South Carolina, they commonly become co-owners (usually as tenants in common). Co-ownership gives each heir a legal share of the property, but it also creates situations where one or more owners may want different outcomes—some may want to keep and live in the home while others may prefer to sell. South Carolina law provides several paths that allow heirs to keep the house without an immediate forced sale, but each path has requirements and trade-offs.

1. Confirm title and whether the house passed through probate

First, determine how title transferred. If the decedent left a valid will or the property was owned in a survivorship form (joint tenancy with right of survivorship, joint tenancy, or owned in a trust), the process differs from a house that passes through probate under intestacy rules. If the house is still owned by the decedent’s estate, the personal representative or executor will have authority to act until title transfers. For basic information about South Carolina probate and the state code, see the South Carolina Code and the South Carolina Judicial Branch: scstatehouse.gov (Code of Laws) and sccourts.org.

2. Negotiate a family buyout or co-ownership agreement

The simplest way for one or more heirs to keep the house is for those heirs to buy the shares of the others. Steps typically include:

• Obtain a professional appraisal to set a fair market value.
• Calculate each heir’s share of equity after liens and closing costs.
• Arrange financing (refinance the mortgage into the keeping heir’s name or obtain a new mortgage) or arrange a structured buyout (installments, promissory note secured by deed).
• Document the agreement in writing (deed transfers, buyout terms, lien releases).

A written settlement between heirs that transfers title avoids court action and preserves family control.

3. Enter into a co-ownership agreement

If heirs want to share the home (for rental income or staggered occupancy), create a co-ownership agreement covering:

• Who pays taxes, insurance, maintenance, and mortgage payments;
• How income and expenses divide;
• Rules for one owner buying out another; and
• What triggers a forced sale or alternative dispute resolution (mediation/arbitration).

A clear written agreement reduces conflict and makes the arrangement enforceable in court if needed.

4. Partition actions: when a sale can be forced

If heirs cannot agree, any co-owner can file a partition action in the circuit court to divide or sell the property. South Carolina courts may order:

• Partition in kind (the property is physically divided) — only possible when division is practical and fair; or
• Partition by sale (court orders sale and divides proceeds) — used when division in kind is not feasible.

Court-ordered sale is often the final remedy for persistent disagreement. Filing a partition action typically involves court costs, possible appointment of a commissioner, and sale procedures that can take months. For the court process and related rules, see the South Carolina Judicial Branch: sccourts.org and the South Carolina Code of Laws page: scstatehouse.gov/code.php.

5. Other practical options

• Rent the property and divide net rental income among heirs while retaining ownership.
• Grant a life estate to one heir while others retain remainder interests (this changes rights and may have tax consequences).
• Use mediation or family settlement conferences before filing suit—courts often favor settlement.

6. Tax, mortgage, and practical considerations

Become aware of:

• Mortgage obligations—if the mortgage stays on the property, all responsible parties must be addressed; a buyer typically must refinance to remove co-owners from the loan.
• Capital gains and stepped-up basis rules—consult a tax advisor about possible tax consequences for sellers and buyers.
• Insurance and maintenance obligations—who pays what while title remains co-owned.

7. When you should get a lawyer

Speak with a South Carolina attorney if you face any of the following:

• Disputes among heirs that stall sale or occupancy;
• Complex mortgage, tax, or estate-title problems;
• Requests for partition or threats of a partition lawsuit;
• Need to draft buyout, life estate, or co-ownership agreements.

An attorney can explain applicable state statutes, draft binding agreements, or represent you in probate or circuit court. For general court resources and local rules, use the South Carolina Judicial Branch website: https://www.sccourts.org.

How to Proceed — Step-by-Step

1. Confirm current title and whether the house passed through probate.
2. Order a market appraisal and obtain a payoff statement for any mortgage.
3. Talk with all heirs and explore basic options: buyout, co-ownership, rent, or sale.
4. Get offers and financing advice (if a buyout is needed, explore refinancing options).
5. Put any agreement in writing and record deeds or liens as required.
6. If you cannot reach agreement, consult a lawyer about mediation or a partition action in circuit court.

Helpful Hints

• Start with a calm family meeting—even short negotiations can prevent costly litigation.
• Get an independent appraisal early. A neutral value helps concrete buyout numbers.
• Document everything in writing: payment plans, who pays what, occupancy rules, and timelines.
• Consider mediation before court. Many South Carolina courts encourage alternative dispute resolution.
• Understand mortgage obligations—removing a name from title does not always remove that person’s liability on a mortgage.
• If you suspect one heir cannot manage money or is being coerced, consult an attorney promptly.
• Keep taxes and insurance current to avoid liens that complicate buyouts or sales.