Detailed answer: how partition works in South Carolina

If you and a sibling (or other co-owner) own real property together and cannot agree on whether to keep or sell it, South Carolina law allows one co-owner to ask a court to divide the property. The action is called a partition. A court will try to divide the property physically (partition in kind) if that is practical. If physical division is not feasible or fair, the court can order a judicial sale of the property and divide the sale proceeds among the owners according to their ownership shares.

Key steps and legal points:

1. Confirm current ownership and title status.

   Check the deed at the county register of deeds to confirm the names and how the title is held (tenancy in common, joint tenancy with right of survivorship, or held by an estate or trust). If your father’s name still appears as the owner and probate has not transferred title, you generally must complete probate (or have an executor/administrator act) before a partition action among heirs can proceed.

2. Determine whether the property is already in the co-owners’ names.

   If the property is already owned by you and your sibling (for example, title already transferred after probate), you (as a co-owner) can file a civil action for partition in the circuit court where the property is located.

3. Filing a partition action.

   You (the plaintiff) file a complaint for partition in the appropriate South Carolina circuit court. The complaint must name all parties with an ownership or recorded interest in the property (co-owners, lienholders, potential claimants). The court will issue process and give notice so all interested parties can appear.

4. Court procedures and possible outcomes.
   • The court may appoint commissioners (or a master/commissioner) to inspect the property, report whether a partition in kind is practical, and, if not, recommend sale procedures.
   • If physical division is not practical (e.g., a single-family house on one lot), the court most often orders a sale. The sale method—public auction, sheriff sale, or brokered sale under court supervision—varies with the court’s order and local practice.
   • After paying liens, costs of sale, taxes, and court costs, the court divides the net proceeds among the owners according to their legal interests.
5. Costs, liens, and priority.

   Liens and mortgages generally must be paid from sale proceeds in priority order. The party requesting partition may seek reimbursement for costs and may be responsible for court filing fees, appraisal fees, survey costs, attorney’s fees (if awarded by the court), and the costs of sale.

6. Buyout option.

   Instead of a sale, the court can allow a co-owner to buy out the others by paying their fair share. Often a court will facilitate or approve a buyout if one party offers to purchase all other interests at a court-determined value.

7. Timing and likely duration.

   A straightforward partition can take several months; contested matters (title disputes, unresolved liens, probate issues) can take a year or more. Expect time for pleadings, discovery, a commissioner’s report, possible objections, and then sale mechanics.

8. Probate interactions if the decedent’s name remains on title.

   If title never transferred out of your father’s name, you usually must complete probate administration (or obtain documents showing heirs’ interests) before the court will divide or sell the property. Check whether a personal representative or executor has authority to sell or partition during probate.

9. Where the law is found.

   Partition actions are governed by South Carolina statutes and court rules. For overview and statutory text, see the South Carolina Code of Laws (Title 15 – Courts) at the South Carolina Legislature’s website: https://www.scstatehouse.gov/code/title15.php. For local court procedures and forms, consult the circuit court clerk or the South Carolina Judicial Branch: https://www.sccourts.org.

When to get an attorney: If your sibling objects, if there are unresolved mortgages, creditor claims, unclear title, probate concerns, or risk of delay or bad faith by a co-owner, consult a South Carolina civil litigation attorney experienced with real property and partition cases. An attorney can prepare the complaint, identify all interested parties, get necessary appraisals, and represent you at hearings.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, contact a licensed South Carolina attorney.

Helpful hints — what to gather and next steps

• Get a certified copy of the deed from the county Register of Deeds; confirm how title is held (tenancy in common or joint tenancy).
• If your father’s estate has not been probated, check with the county probate court about whether probate is required to transfer title.
• Collect mortgage statements, tax bills, homeowner’s insurance, and any lease or rental agreements for the property.
• Order a current market appraisal or broker opinion of value to understand likely sale proceeds or buyout price.
• Request a title search to identify any liens, judgments or other claims against the property that must be resolved before or at sale.
• Attempt negotiation or mediation with your co-owner before filing suit — a negotiated sale or buyout usually saves time and fees.
• If you must file, be prepared to name all persons with a recorded interest and any unknown claimants so the court can clear title and distribute proceeds properly.
• Ask the circuit court clerk in the county where the property sits for local procedural rules and fee schedules.
• Keep records of communications with your co-owner and any offers to buy out or sell — courts may consider attempts to resolve disputes when allocating costs.