This article explains the practical steps someone should take under South Carolina law to become the sole owner of a home currently co-owned with siblings. This is educational information only and not legal advice. For legal advice tailored to your situation, consult a licensed South Carolina attorney.

1. Confirm how title is held

First, obtain and read the deed recorded in the county Register of Deeds. The deed will typically show whether owners hold title as:

• Tenants in common (each owner has a distinct share that can be sold or inherited), or
• Joint tenants with right of survivorship (ownership automatically passes to the surviving co-owner on death).

If the deed language is unclear, get a title search or ask a real estate attorney to confirm ownership type. This determines what rights each sibling has and what paperwork you will need.

2. Determine fair market value and outstanding liens

Order a professional appraisal or use a comparative market analysis (CMA) from a licensed real estate agent. Next, run a title search to identify outstanding mortgages, liens, or judgments that affect the property. You must account for liens when calculating a buyout amount.

3. Calculate a buyout number

Simple formula: (Market value minus outstanding liens) × sibling’s ownership percentage = sibling’s distributive share. Example (hypothetical): Market value $300,000; mortgage balance $80,000; three siblings with equal shares (1/3 each). Net equity = $220,000. Each share = $220,000 × 1/3 = $73,333. That is the starting point for negotiation.

4. Negotiate terms and document the agreement

Decide whether you will:

• Pay the sibling(s) in a lump sum, or
• Pay over time via a promissory note secured by the property, or
• Have a combination of cash up front and a secured note.

Put the agreement in writing. Typical documents include a buyout agreement or contract for sale outlining price, payment schedule, who pays closing costs, and obligations for taxes and insurance during the transition. Use clear terms about when title transfers and how liens are handled.

5. Choose the right conveyance instrument and close properly

Common deeds used to transfer an interest are warranty deeds or quitclaim deeds. A warranty deed offers more buyer protection; a quitclaim deed transfers whatever interest the seller has without guarantees. Have the chosen deed prepared and reviewed by an attorney or title company. At closing:

• Siblings sign the deed before a notary;
• Deliver and record the deed at the county Register of Deeds where the property is located;
• Pay any required transfer taxes, if applicable;
• Obtain title insurance if you are financing the buyout or want protection against title defects.

6. Address mortgages and financing

If a mortgage exists, the lender’s approval is often required to change who is primarily responsible. Options include:

• Refinancing the loan into your name only (common where you get a mortgage in your name to pay siblings);
• Obtaining the lender’s “release” or agreement to allow the co-owners to change the ownership split (rare without refinance);
• Keeping the current mortgage but entering a private note between you and your siblings for equity payment (risky for siblings unless secured by a recorded mortgage/land installment contract).

Speak to lenders early so you understand qualification requirements and closing steps.

7. If siblings will not cooperate: consider a partition action

When co-owners cannot reach agreement, South Carolina law allows a court-ordered partition of real property. The court may partition the land in kind (divide the land physically) or order a sale and divide proceeds. The statute governing partition actions is in South Carolina’s code on partition actions: see Title 15, Chapter 41 of the South Carolina Code of Laws for the statutory framework and procedures.

Link to partition statutes: S.C. Code, Title 15, Chapter 41 (Partition).

Practical notes on partition:

• Partition suits are filed in South Carolina Circuit Court.
• A partition sale can produce a public auction or court-ordered sale; any co-owner can bid or buy the property at the sale.
• Court costs and attorney fees reduce net proceeds; outcomes are uncertain and can be costly.

8. Tax and estate considerations

Buying out siblings can have tax implications (capital gains, gift tax issues, and basis adjustments). Consult a tax advisor before completing a buyout. If one or more siblings are heirs rather than living owners, probate or estate issues could affect the transaction.

9. Use professionals

To reduce risk, involve:

• A South Carolina real estate attorney (draft/approve deeds, prepare buyout agreement, guide partition litigation if needed);
• A title company or attorney for closing and title insurance;
• A licensed appraiser for valuation;
• A tax professional for tax consequences.

Key South Carolina law references

• Partition actions: S.C. Code, Title 15, Chapter 41 (Partition).
• General real property statutes and recording rules (overview of SC Title 30): S.C. Code, Title 30 (Property).

Disclaimer: This information is educational only and does not create an attorney-client relationship. It is not legal advice. For advice specific to your situation, consult a licensed attorney in South Carolina.

Helpful Hints

• Start by pulling a copy of the recorded deed from the county Register of Deeds — that reveals ownership language and can be obtained online for many counties.
• Get an appraisal early to avoid disputes about value.
• Always document offers and agreements in writing with clear timelines and contingencies.
• If you refinance to buy out siblings, compare lenders and factor refinance costs into your buyout budget.
• If you plan to use a promissory note, secure it by recording a mortgage or similar instrument so the seller receives protection and you keep clear title risks low.
• Keep records of who pays property taxes, insurance, and maintenance during negotiations — these affect equitable adjustments.
• If a sibling may contest the transfer, contact a real estate attorney early to evaluate the risk and consider whether a contract with dispute resolution terms (mediation/arbitration) helps avoid court.
• Use a title company or closing attorney to record deeds and ensure the chain of title is clean after the transaction.
• If a partition action becomes likely, know that you can bid at the sale — sometimes buying at the court-ordered sale is a route to sole ownership, but court sales may produce lower sale prices and higher costs.
• Consult a tax professional about capital gains and basis adjustments before finalizing the deal.