South Carolina: Documents and Information Your Lawyer Needs to Start a Partition Case
Short answer: To start a partition action in South Carolina your lawyer will need clear proof of ownership, chain-of-title documents, information about all co-owners, property identification (legal description and parcel/tax ID), records of mortgages or liens, and any agreements, leases, or communications that affect possession or use. Provide whatever supporting evidence you have—deeds, wills, probate […]
Read article →South Carolina: Dividing or Forcing Sale of Co-Owned Farmland — FAQ
FAQ: Dividing or Forcing the Sale of Co-Owned Farmland in South Carolina Short answer: If co-owners cannot agree, a co-owner may file a court action to partition the land. South Carolina courts will first consider dividing the property physically (partition in kind). If a fair physical division is not feasible, the court may order a […]
Read article →How can I get my share of the net proceeds after the partition sale of a co-owned house in SC?
Detailed Answer — Getting Your Share After a Partition Sale in South Carolina This article explains, in plain language, how a co-owner in South Carolina can obtain their share of the net proceeds after a court-ordered partition sale of real property. This is an educational overview and not legal advice. What a partition sale is […]
Read article →What are my options for avoiding a costly court-ordered partition while still getting paid my full share? — SC
Detailed answer: How to avoid a costly court-ordered partition in South Carolina while getting paid your full share Short answer: In South Carolina you can usually avoid a court-ordered partition (and the costs, delay, and forced sale that can come with it) by negotiating one of several out-of-court solutions: a voluntary buyout by a co-owner, […]
Read article →How will the sale proceeds be divided among co-owners after a partition sale in SC?
Detailed Answer This answer explains how sale proceeds are typically divided among co-owners after a court-ordered partition sale under South Carolina law. It assumes a sale by the court because the property could not be physically divided (partition by sale). This is a general explanation only — not legal advice. Basic rule: net proceeds divided […]
Read article →How can I file a partition-for-sale suit in South Carolina when a minority of the siblings won’t agree to sell our inherited land?
Filing a partition-for-sale suit in South Carolina when some siblings refuse to sell Short answer: In South Carolina you can ask the circuit court to force a sale (a partition-by-sale) when joint owners cannot agree. You must file a partition action in the county where the property sits, name all owners and interested parties, provide […]
Read article →Who should be listed as petitioners on the partition lawsuit? (SC)
Detailed Answer — Who should be listed as petitioners on a partition lawsuit under South Carolina law Short answer: The petitioners (plaintiffs) should be the persons or entities with legal title or an ownership interest who are the ones asking the court to divide or sell the property. That usually means each co‑owner who wants […]
Read article →What happens if mediation fails and I need to file a partition action to force the sale of our jointly owned land? (SC)
What happens if mediation fails and I need to file a partition action to force the sale of our jointly owned land? (South Carolina) Short answer: If mediation fails in South Carolina, a co-owner may file a partition action in civil court asking the court to divide the property or order a sale and split […]
Read article →How can I negotiate a fair buyout of my interest in the family land when my co-owner is offering much less than the appraised value? (SC)
Negotiating a Fair Buyout of Your Interest in Family Land in South Carolina This FAQ-style article explains practical steps, valuation methods, and legal options under South Carolina law if your co-owner offers far less than an appraisal for your interest in family land. This is general information and not legal advice; consult a South Carolina […]
Read article →How do co-owners initiate a partition action to divide or sell shared real property? (SC)
Detailed Answer — How co‑owners start a partition action in South Carolina This answer explains, in plain language, how co‑owners (people who share ownership of real property) can ask a South Carolina court to divide or sell that property through a partition action. This is an informational guide only and is not legal advice. What […]
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