Partition Actions in South Carolina | SC Legal Resources | FastCounsel

South Carolina — When Co-Owners Disagree and a Court-Appointed Commissioner Oversees a Private Sale

What to expect when a court-appointed commissioner handles a private sale of a co-owner's share in South Carolina Disclaimer: This is general information and not legal advice. You should consult a licensed South Carolina attorney about your specific situation. Short answer — how the court-managed private sale process works When co-owners cannot agree on dividing […]

Read article →

How to Force Sale of an Inherited Parcel in South Carolina

Can a co‑owner force the sale of a single inherited parcel in South Carolina? Short answer: Yes. Under South Carolina law a co‑owner can ask a court to partition property — and if the court finds dividing the land fairly is impractical, it can order a sale and divide the proceeds among the owners. The […]

Read article →

Proving House Expenses in a South Carolina Partition Case: What Paperwork You Need

How to Prove House Expenses in a South Carolina Partition Case: Paperwork You Need Quick answer: To prove expenses you paid for a house in a South Carolina partition action, collect contemporaneous receipts, invoices, canceled checks, bank and credit‑card statements showing the payments, contractor contracts and paid bills, permits, before/after photos, insurance or warranty paperwork, […]

Read article →

South Carolina: Claiming Mortgage, Property Taxes, and Carrying Costs from Sale Proceeds

Can I recover the mortgage, property taxes, and other carrying costs I paid from my share of sale proceeds? Short answer: Possibly — but it depends on whether you are a co-owner, a party in a divorce, or acting under a court partition, and on the proof you can provide. South Carolina law allows courts […]

Read article →

South Carolina: Co-owner accounting for mortgage payments and repair receipts when dividing sale proceeds

Short answer You can ask a co-owner to produce mortgage statements and repair receipts before you divide net sale proceeds. Under South Carolina law, co-owners have rights to an accounting of contributions and expenses. If a co-owner refuses to provide records, you may seek an accounting or a partition action in court so a judge […]

Read article →

Forcing the Sale of a Co-Owned House in South Carolina

FAQ: Options to compel sale of a co-owned home in South Carolina Detailed answer — how a co-owner can force a sale If you own real property with two other people and they refuse to cooperate in selling it, the primary route in South Carolina is a court action called a partition. A partition action […]

Read article →

Filing a Partition Action in South Carolina to Divide Inherited Property

How to Start a Partition Action in South Carolina When a Co-Owner Refuses to Cooperate Disclaimer: This article provides general information only and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed South Carolina attorney. Quick Answer (Overview) If you own inherited real property […]

Read article →

South Carolina: Forcing a Sale or Getting a Buyout Through a Partition Action

Detailed Answer This article explains, in plain language, the usual steps and legal mechanics someone in South Carolina should expect when asking a court to divide (partition) real property co-owned with others — for example, asking a court to force a sale of your parents’ house or to require a sibling to buy out your […]

Read article →

Can I Force a Sale If Heirs Refuse Mediation or Won’t Sign? — South Carolina Guide

What Happens If Some Heirs Refuse Mediation or Won’t Sign Off — Can I Still Force a Sale of the Property? Short answer: Under South Carolina law, if co-owners (including heirs) cannot agree, a court can force a partition of the property. That means the court may divide the land physically (partition in kind) or […]

Read article →

South Carolina How to Start a Partition Lawsuit to Divide Inherited Land

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 […]

Read article →