Detailed Answer

Short answer: In South Carolina you can force a partition of jointly owned inherited land by filing a partition action in the court where the property sits. The court will either divide the land among owners (partition in kind) or order a sale and divide the proceeds (partition by sale). South Carolina partition law is found in the South Carolina Code, Title 15, Chapter 39: https://www.scstatehouse.gov/code/t15c039.php

What a partition action is and why you might use it

A partition action is a civil lawsuit that asks the court to end co ownership of real property. When relatives inherit land together and cannot agree about keeping, dividing, or selling it, any joint owner can ask the court to resolve the dispute. The court can physically divide the property if a fair division is practical, or it can order a sale and distribute the net proceeds according to each owner s ownership share.

Who can file

Any person with a legal or equitable interest in the property may file a partition action. That includes heirs, joint tenants, tenants in common, and anyone holding title or an ownership claim. The complaint must name the other co owners and any parties with recorded interests, such as mortgage holders or lienholders.

How to prepare before you file

Identify title and ownership type. Get a copy of the deed and the county property record to confirm ownership shares and any mortgages or liens.
Collect supporting documents. Gather the will or probate records if the property passed through an estate, deeds, surveys, tax records, and records of payments for taxes, mortgage, or improvements.
Try negotiation and alternatives first. Offer a buyout, propose a division plan, or try mediation. Courts generally allow parties to settle any time before a final order.

Steps to start a partition lawsuit in South Carolina

Choose the proper court. File in the Circuit Court in the county where the property is located. Partition is an action at law handled by the Circuit Court.
Prepare your complaint. The complaint should identify the property, state your interest, name all co owners and recorded interest holders, describe attempts to resolve the dispute, and request partition in kind or, if partition in kind is impracticable, partition by sale. Ask the court to appoint a commissioner if necessary to divide or sell the property.
File the complaint and pay filing fees. The clerk will issue a summons to notify defendants. If you cannot locate all heirs, you may need to request service by publication under the civil procedure rules.
Serve the defendants. Deliver copies of the complaint and summons to each named party as required by the South Carolina Rules of Civil Procedure.
Pretrial steps. Parties may agree to mediation, exchange documents, and take depositions. The court may set hearings to address interim issues like preservation of the property, payment of taxes, or appointment of a receiver.
Commissioner appointment and report. If the court orders division, it often appoints a commissioner to make a formal division or oversee sale. The commissioner prepares a report and the court confirms the division or sale, then directs distribution of proceeds.
Final order. The court issues an order confirming the partition or sale and directing distribution of funds, credits, or adjustments for taxes, mortgage payments, and improvements.

What the court considers when deciding partition in kind versus sale

The court will try to divide the land physically if it is practical and fair. Factors include the size and shape of the parcels, access, whether the division would impair value, and whether the owners hold unequal interests requiring adjustments. If a practical division cannot be made without unfairness or great prejudice, the court will order sale and divide the net proceeds according to ownership shares.

Accounting, credits, and liens

A partition action allows the court to account for contributions and claims between co owners. The court may credit a co owner who paid the mortgage, property taxes, or made substantial improvements. Liens and mortgages generally attach to the property and must be paid at sale or otherwise resolved before net proceeds are distributed.

Costs, timeline, and risks

Costs include court filing fees, service fees, attorney fees if you hire counsel, appraisal and survey costs, and commissioner or receiver fees. If the court orders sale, there will be closing costs and real estate commissions unless parties agree otherwise.
Timeline varies. Simple uncontested matters can resolve in months. Contested partitions with disputes about boundaries, title, or claimants can take a year or more.
Risks include losing control of disposition (the court can order sale), paying legal and court costs that reduce proceeds, and potential credit adjustments against your share for prior payments by other co owners.

Where to find the South Carolina statutes

Partition law is codified in South Carolina Code, Title 15, Chapter 39. The chapter sets out who may seek partition and procedural rules: https://www.scstatehouse.gov/code/t15c039.php. For general civil procedure rules governing service, pleadings, and hearings see the South Carolina Rules of Civil Procedure and local circuit court rules at https://www.sccourts.org.

When to hire an attorney

Consider hiring an attorney if parties disagree about ownership shares, title defects exist, multiple claimants or missing heirs are involved, substantial value is at stake, or complex liens and tax issues exist. An attorney experienced in real property and partition practice can draft the complaint, manage service on multiple parties, pursue or defend claims for credits, and represent you at hearings and sale confirmations.

Final practical example

Hypothetical: Three siblings inherit a 30 acre parcel as tenants in common. Two siblings want to sell. One wants a portion to keep. The sibling who wants division may first obtain a recent survey and title abstract, offer a buyout, and request mediation. If no agreement, that sibling files a partition complaint in the county circuit court, names the other two as defendants and any mortgage holder, requests partition in kind, and alternatively asks for sale if division is impracticable. The court may appoint a commissioner to evaluate division. If the commissioner shows division is unfair, the court orders sale and divides the net proceeds among the three based on ownership shares after paying liens and credits for payments made by any sibling.

Disclaimer

This article explains general South Carolina procedures 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.

Helpful Hints

Get a title search early to identify all owners and liens before filing.
Request a recent survey to see whether the land can be fairly divided.
Document payments you made for taxes, mortgage, or improvements to support any credit claim in court.
Consider mediation to save time and costs and preserve family relationships.
Budget for appraisal, survey, court, and possible attorney fees—these reduce net proceeds.
If you cannot locate heirs, ask the court about service by publication and follow the local rules carefully.
Ask your attorney about temporary orders to protect the property during the case, such as ordering payment of taxes or preventing waste.
Use the South Carolina Code for statutory language: https://www.scstatehouse.gov/code/t15c039.php