Disclaimer: This article provides general information and is not legal advice. Consult a qualified attorney to discuss your specific situation.
Understanding Partition Actions in South Carolina
Under South Carolina law, co-owners of real property can file a partition action to force either a division of the land or a sale. This process ensures fair distribution when co-owners cannot agree on property management. See S.C. Code Ann. § 15-49-10 et seq.
Initiating a Partition Action
A co-owner begins by filing a complaint for partition in the county court where the property is located. The complaint must name all co-owners, describe the property, and state whether you seek a physical division (partition in kind) or a sale. See § 15-49-10 and § 15-49-20.
Serving Co-Owners and Responding
Once the court files the complaint, it issues summonses to each co-owner. Each party then has an opportunity to respond, contest the value, or propose settlement terms.
Appointment of Commissioners
The court appoints three disinterested commissioners to evaluate whether the property can be fairly divided. These commissioners survey the land and submit a written report to the court. See § 15-49-40.
Deciding Between Partition in Kind and Partition by Sale
If the commissioners find that the land can be divided without prejudice to any party, the court orders a partition in kind. If division is impractical or would unfairly harm one party, the court directs a public sale.
Executing a Partition Sale
When the court orders a sale, it sets the terms and appoints a special commissioner to manage advertising, bidding, and closing. The sale typically occurs as a public auction. After paying sale costs and fees, the court distributes net proceeds to co-owners according to their ownership interests. See § 15-49-160 and § 15-49-170.
Helpful Hints for Partition Actions in SC
- Identify all co-owners and confirm their current addresses.
- Obtain a recent property survey and title report.
- Consider mediation to reach an agreement before filing.
- Work with experienced real estate appraisers for accurate valuations.
- Budget for court fees, commissioner fees, and sale costs.
- Keep detailed records of all correspondence and court filings.
- Consult a real estate attorney to guide you through procedural steps.