How Do Existing Mortgage Obligations Affect the Sale and Division of Proceeds in a Partition Under South Carolina Law?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer In South Carolina, when co-owners seek a partition by sale, any existing mortgage on the property remains a secured lien that must be addressed before dividing net proceeds among […]
Read article →What legal options exist in SC if co-owners cannot agree on sale logistics or cost sharing?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your case. Detailed Answer 1. Partition Action Under South Carolina Law When co-owners of real property in South Carolina cannot agree on sale timing, method or cost allocation, any co-tenant may file a partition action. […]
Read article →Can I partition property that I owned with my spouse after we separated but before the divorce? (SC)
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer In South Carolina, spouses who hold real property together act as co-owners until a final divorce decree issues. You may file a partition action to divide or sell property regardless of your marital status or pending divorce. Under S.C. […]
Read article →What steps are required to schedule a hearing in a partition action in South Carolina after the parties have been served and the response period has ended?
Detailed Answer Under South Carolina law, a partition action follows the steps in Title 15, Chapter 61 of the South Carolina Code of Laws. Once all parties have been served and the 30-day response period under Rule 12(a)(1)(A)(i), SCRCP, has expired, you may move forward to schedule a hearing to appoint commissioners or resolve objections. […]
Read article →What Steps Are Required to File a Court Petition to Partition Land in South Carolina Owned by Multiple Relatives?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer: Filing a Partition Petition in South Carolina When multiple relatives co-own real estate in South Carolina and cannot agree on how to use or divide the land, any co-owner may ask the court to partition the property under South […]
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