South Carolina: Forcing a Private Sale of Inherited Co‑Owned Land
Can I force a private sale of inherited land I co‑own with other heirs? Short answer: Yes — if you and the other owners cannot agree, you can ask a South Carolina court to partition the property. The court can divide the land among owners (partition in kind) or order that it be sold and […]
Read article →Survivorship Interest and Foreclosure Surplus Claims — South Carolina
Can you assert a right of survivorship in the deed to get a larger share of foreclosure surplus funds? Short answer: Only if the deed already created a right of survivorship and the survivor owned the property interest at the time of the foreclosure sale. You cannot retroactively create a survivorship interest after the fact […]
Read article →South Carolina: How Heirs Can Keep an Inherited House Without Selling It
Keeping an Inherited House in South Carolina: What Heirs Need to Know Disclaimer: This is general information only and not legal advice. Consult a licensed South Carolina attorney about your specific situation. 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 […]
Read article →Partition Actions in South Carolina When a Co-Owner Is Adjudicated Incompetent
How a partition action proceeds in South Carolina when a co-owner is adjudicated incompetent and has a court‑appointed guardian Disclaimer: This is general information and not legal advice. Laws change and each situation is different. Consult a licensed South Carolina attorney about your specific case. Detailed answer — step‑by‑step overview under South Carolina law A […]
Read article →How to Start a Partition Action in South Carolina: Divide or Sell Real Estate When Co‑Owners Disagree
Starting a Partition Action in South Carolina: What to Do When Co-Owners Can’t Agree Quick answer: If co‑owners of South Carolina real estate cannot agree, any party who holds an ownership interest (usually a tenant in common) can start a partition action in the Circuit Court where the property sits. The court will either divide […]
Read article →How to Buy Out Siblings’ Interests in Co-Owned Property — South Carolina
Detailed Answer This article explains the practical steps someone should take under South Carolina law to become the sole owner of a home currently co-owned with siblings. This is educational information only and not legal advice. For legal advice tailored to your situation, consult a licensed South Carolina attorney. 1. Confirm how title is held […]
Read article →South Carolina: Forcing the Sale of Family Property When Some Relatives Refuse
Disclaimer: This article is for general informational purposes only 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. Detailed answer — How a court-ordered sale (partition) works in South Carolina If multiple family members own real property together and some […]
Read article →South Carolina — Rights When a Co-Owner Holds a Life Estate and Occupies the Property
Understanding Rights When a Co-Owner Holds a Life Estate and Lives on the Property in South Carolina Short answer: If a co-owner has a life estate (a legal right to possess the property for the remainder of their life), they generally have the right to occupy the property during their life. Other co-owners (remaindermen or […]
Read article →South Carolina — Can a Life Tenant Continue Living in the House During a Partition?
Short answer Under South Carolina law, a person who holds a life estate (a "life tenant") generally retains the right to possess and live in the property for the duration of the life estate. However, a co-owner or remainderman may still file a partition action to divide or sell the property. During a partition action […]
Read article →Filing a Partition Action in South Carolina When Co-Owners Won't Respond
Filing a Partition Action in South Carolina When Co-Owners Are Unresponsive Disclaimer: This article provides general information about South Carolina law 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. Detailed Answer If you inherit real property with other co-owners […]
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