How is property divided in an actual partition of real property when some acres are better than others? (SC)
Partition of Unequal-Quality Acres in South Carolina: FAQ Short answer: When land owners ask a South Carolina court to partition property and some acres are clearly more valuable than others, the court will try to divide the property so each owner receives an equal share in value — not necessarily equal acreage. If equal-value division […]
Read article →How can a co-owner obtain monetary compensation instead of receiving physical property? (SC)
Can a co-owner get money instead of taking the physical property? — South Carolina This FAQ explains how a co-owner can obtain monetary compensation (a buyout or sale proceeds) instead of receiving the physical property under South Carolina law. This is educational information only and not legal advice. Detailed Answer — How a co-owner obtains […]
Read article →Can I negotiate with my siblings to avoid a partition action in South Carolina on inherited property?
Detailed Answer When multiple heirs inherit real property in South Carolina, each co-owner holds an undivided interest. If you and your siblings disagree on how to use or sell that property, any co-owner may file a partition action under S.C. Code Ann. § 15-51-10 et seq. (see S.C. Code Ann. Title 15, Chapter 51). However, […]
Read article →How to Coordinate Realtor Selection with a Co-Owner for a Joint Property Sale in SC
Detailed Answer Coordinating the selection of a realtor with a co-owner in South Carolina begins with clear communication and a shared understanding of your joint goals. Follow these steps: Clarify Ownership StructureDetermine whether you hold the property as tenants in common or joint tenants. This affects decision-making authority and the listing agreement. If you’re unsure, […]
Read article →How to Calculate and Recover Carrying Costs from a Co-Owner in a Joint Sale Agreement in South Carolina
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation. Detailed Answer 1. Understanding Carrying Costs and Co-Owner Contributions In South Carolina, co-owners of real property must share expenses such as property taxes, mortgage interest, insurance, homeowners’ association dues, and maintenance. Under […]
Read article →How to Apply for a Medicaid Hardship Waiver to Protect Inherited Property from Estate Recovery in SC
Detailed Answer When a South Carolina resident receives Medicaid benefits, the state may recover costs from the recipient’s estate under S.C. Code Ann. § 38-5-330. This recovery can include real property such as an inherited home. You can, however, apply for a hardship waiver to protect your inherited property from an estate recovery claim. 1. […]
Read article →What Steps Are Required to Initiate or Consent to a Partition Action Before a Court-Appointed Commissioner in South Carolina?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in South Carolina to address your specific situation. Detailed Answer 1. Prepare and File a Complaint for Partition Any co-owner of real property may initiate a partition action by filing a Complaint for Partition in the appropriate […]
Read article →What options exist if co-owners in South Carolina cannot agree on a buyout price, including court-ordered partition or sale?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer 1. Negotiation and Alternative Dispute Resolution Co-owners typically start by negotiating a buyout price. You can: Obtain a neutral appraisal from a licensed appraiser. Engage a mediator to bridge valuation gaps. Use arbitration to set a binding price. If […]
Read article →What process allows a party to force sale of property through a partition hearing in South Carolina?
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 […]
Read article →How Does a Partition Action Work in SC to Resolve a Dispute Among Multiple Owners?
Detailed Answer When two or more people own the same real estate in South Carolina, disputes can arise over use, sale or division of the property. A partition action is a court process under South Carolina law that lets co-owners force a division or sale of the property when they cannot agree. This process is […]
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