Detailed Answer

When one or more heirs inherit real property in South Carolina and a co‑owner (another heir) continues to live in the inherited property and refuses to move out or to agree to sell, the normal legal remedy is a partition action in the Circuit Court. A partition action forces a division of the property — either physically (partition in kind) or by sale and division of the proceeds (partition by sale) — when co‑owners cannot agree. South Carolina law permits a co‑owner to ask the court to order partition when co‑ownership prevents reasonable use or sale of the property. See S.C. Code Ann. Title 15 (Partition of Lands) for the statutory framework: https://www.scstatehouse.gov/code/t15c037.php.

Who can bring a partition action?

Any owner of an undivided interest in the property — including heirs who inherit as tenants in common — may file a petition for partition in the Circuit Court. The court determines each party’s ownership share from the title records or probate distribution and will join anyone with an ownership interest.

What the court can order

Partition in kind: If the court finds that the property can be fairly divided into separate portions without materially diminishing value, it can order physical division so each owner gets a portion matching their share.
Partition by sale: If a fair physical division is impracticable (the usual outcome for a single house on one lot), the court will order sale of the property and divide the net proceeds among the owners according to their shares.
Possession and removal: If a co‑owner is in exclusive possession and refuses to vacate, the court can award possession to the owners entitled to it or can order a sale despite the occupant. The court may issue orders enforced by the sheriff to remove a holdout after due process.
Rents, profits, and repairs: The court can require the occupying co‑owner to account for rent or “mesne profits” (the reasonable rental value) from the time of exclusive possession. The court can also apportion costs for repairs, taxes, and mortgages before distributing proceeds.

Typical steps in a partition case

Attempt informal resolution: written offers to buy out, mediation, or listing the property for sale by agreement.
File a partition complaint in Circuit Court naming all owners and interested parties.
Court determines ownership shares and whether partition in kind is feasible.
If sale is ordered, the court supervises the sale process (often through a commissioner or sheriff) and divides net proceeds after costs.
If an occupant resists vacating, the court issues orders enforcing removal and distribution; the sheriff can execute the order if necessary.

Time, cost, and practical considerations

Partition actions can take several months to over a year depending on complexity, objections, and whether the case settles. Court costs, attorney fees, appraisal and commissioner fees, and sale expenses reduce each owner’s share. A willing co‑owner can often get a faster and cheaper result by buying out the occupant or by agreeing to a sale through an agent.

Other legal issues to watch

Occupant’s defenses: An occupant might raise claims such as a life estate, tenancy, or equitable interest, or may assert they have been in exclusive possession long enough to raise adverse possession arguments. Adverse‑possession claims require meeting strict statutory and case law tests and typically a lengthy statutory period in South Carolina; a court will examine the facts carefully.
Rights to rent and occupancy: If the occupying heir has paid the mortgage, taxes, or insurance, or made substantial improvements, the court can consider those contributions when dividing proceeds or awarding credits.
Title complications: Liens, mortgages, or unresolved probate issues can delay partition and sale until they are satisfied or resolved by the court.

Where to find the law

Partition actions and related procedures are governed by state statutes and court rules. See the South Carolina Code of Laws, Title 15, Chapter on Partition of Lands for statutory text and procedure: https://www.scstatehouse.gov/code/t15c037.php. For guidance on actions involving possession and recovery of real property, consult related sections of the South Carolina Code and Circuit Court practice rules available at the South Carolina Judicial Branch: https://www.sccourts.org.

When to get a lawyer

If an heir living in the property refuses to move or to agree to sell, speak with a South Carolina real estate or probate attorney before filing anything. A lawyer can review title and probate documents, advise whether a buyout is feasible, draft settlement offers, or represent you in a partition action. If the occupant raises adverse possession or other complex defenses, legal representation is strongly recommended.

Summary

If an heir refuses to vacate or sell, your main remedy in South Carolina is a partition action in Circuit Court, which can force a sale and division of proceeds or order an equitable distribution. The court can address possession, award rents or credits, and supervise sale and distribution. Consider negotiation or buyout first to save time and costs; otherwise expect litigation and court‑supervised procedures. See S.C. Code Ann. Title 15 (Partition): https://www.scstatehouse.gov/code/t15c037.php.

Helpful Hints

Document ownership: gather the will, probate orders, deeds, and title report showing each heir’s share.
Keep records: photograph the property, save lease or occupancy agreements, and document who paid taxes, mortgage, insurance, or made improvements.
Make written offers: a clear written buyout offer or demand to vacate helps show good faith if the case goes to court.
Consider mediation: courts often favor settlement; mediation can cut cost and time compared with a partition litigation.
Preserve evidence of value: get one or more appraisals if you expect the court to order a sale; an independent appraisal helps set a realistic price.
Act sooner rather than later: prolonged exclusive possession can create complications (e.g., claims of exclusive use), so avoid unnecessary delay.
Consult a South Carolina attorney: a lawyer will explain courtroom procedures, likely costs, and defensible strategies specific to your facts.

Disclaimer: This article explains general principles of South Carolina law and is for informational purposes only. It is not legal advice and does not create an attorney‑client relationship. For advice about your specific situation, consult a licensed South Carolina attorney.