Forcing the Sale of a Co-Owned House 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 asks a court to divide ownership or order the property sold and the proceeds split among the co-owners according to their ownership shares.

1. Confirm the type of co-ownership

Identify how title is held. Common forms are tenants in common, joint tenancy with right of survivorship, or tenancy by the entirety (for married couples). Tenancy in common is the most common and allows any co-owner to seek partition. Tenancy by the entirety has special protections for spouses and can prevent a unilateral partition by one spouse.

2. Try non‑litigation solutions first

• Ask the co-owners to sell through a listing or agree to a buyout (one owner pays others their share).
• Offer mediation or neutral valuation to arrive at a fair buyout price.
• Consider refinancing or obtaining funds to purchase out the other owners.

3. File a partition action in circuit court

If negotiations fail, you can file a partition complaint in the South Carolina circuit court for the county where the property lies. The court will decide whether a physical division (partition in kind) is practical or whether a sale (partition by sale) is necessary. If an in-kind division is impractical because the property cannot be divided fairly (typical for single-family homes on one lot), the court will usually order a sale and distribute proceeds after liens, taxes, and costs.

4. What to expect in court

• Filing and service: You must prepare a complaint naming all co-owners and serving them with the complaint.
• Response: Co-owners may answer and raise defenses (claims for unequal contributions, liens, or that the property is not partitionable for legal reasons).
• Pretrial and valuation: The court may order appraisals and appoint a commissioner or master to oversee valuation and sale steps.
• Order and sale: If the court orders a sale, it will direct how the sale is conducted (often at public auction or by private sale under court supervision) and how net proceeds are divided.

5. Liens, mortgages, and creditors

Outstanding mortgages and liens usually remain attached to the property. The sale proceeds first satisfy mortgages and recorded liens before owners receive their shares. If a mortgage is delinquent, the mortgagee also has remedies (foreclosure) that can affect the partition timeline.

6. Costs, time, and outcomes

Partition actions can take months to more than a year depending on court schedules, complexity, and appeals. Expect costs for filing, appraisals, attorneys’ fees, commissioner fees, and sale costs. The court generally apportions the net proceeds according to each owner’s legal share of title unless a different allocation is proven (for example, unequal financial contributions, improvements, or agreements among owners).

7. Special considerations

• Tenancy by the entirety: If the property is titled as tenancy by the entirety, one spouse cannot force a sale against the other spouse alone.
• Unequal contributions: If one owner paid more for mortgage, taxes, or improvements, the court may account for those payments when distributing proceeds.
• Homestead or statutory exemptions: Certain statutory protections may affect sale or distribution—check for any claims that could limit or delay a sale.

For general reference to South Carolina statutory materials, the state code is available at the South Carolina Legislature site: https://www.scstatehouse.gov/code.php. For procedural details about filing in circuit court, see the South Carolina Courts website: https://www.sccourts.org.

Helpful Hints

• Collect documents: deed, title report, mortgage statements, tax bills, insurance, and any written agreements between co-owners.
• Identify ownership shares: Check the deed to see each owner’s legal share. If shares are not equal, the partition proceeds will generally reflect that split.
• Talk to a real estate attorney early: A lawyer can explain local practice, prepare the partition complaint, and advise about potential defenses or settlement options.
• Consider mediation: Courts often encourage settlement; mediation can save time and money compared with a contested partition.
• Budget for costs: Expect appraisal, court, and legal fees; distant disputes and multiple owners raise costs and delay sale.
• Be realistic about timing: Partition actions often take many months; plan financially for carrying costs (mortgage, taxes, insurance) during the process.
• Check tax implications: A forced sale can create taxable gains or losses; consult a tax adviser about capital gains and basis adjustments.
• Watch out for liens: Prioritize resolving mortgages or other liens; they reduce net proceeds and can complicate sale timing.