Can a co‑owner force the sale of a single inherited parcel in South Carolina?

Short answer: Yes. Under South Carolina law a co‑owner can ask a court to partition property — and if the court finds dividing the land fairly is impractical, it can order a sale and divide the proceeds among the owners. The usual path is a partition action in the county where the land lies. This article explains how that process works and what you should do before you file.

Detailed answer — how the process works in South Carolina

1. Confirm who actually owns the parcel

Start by checking the deed and any recent title records. If the parcel was inherited, determine whether it passed through probate and whether title vests in the heirs as tenants in common or was held in some other form. If a decedent’s estate is still open, the executor or personal representative may have control over the property until the estate is closed.

2. Co‑owner rights and the partition remedy

When two or more people own real property together and one wants to end co‑ownership, South Carolina law allows a co‑owner to file a partition action in court. See South Carolina Code, Title 15, Chapter 39 (Partition) for the statutory framework: https://www.scstatehouse.gov/code/t15c039.php.

There are two basic forms of partition:

Partition in kind — a physical division of the parcel so each owner gets a portion.
Partition by sale — the court orders the property sold and divides the net sale proceeds among the owners.

If the court finds a fair physical division is not practical (for example, because the parcel is a single house lot or the land cannot be split without unfairness), it commonly orders a sale.

3. Filing a partition action

You (or your lawyer) file a petition for partition in the circuit court in the county where the property is located. The petition must identify all owners and interested parties, describe the property, and state whether you ask for partition in kind or sale. The court will notify all parties, and the case proceeds under the court’s schedule.

If other owners oppose the sale, the court will hear evidence on whether partition in kind is feasible and equitable. If the court orders sale, it will supervise or authorize the method of sale (commissioner’s sale, public auction, or sale through a broker) and set how proceeds will be distributed and costs paid.

4. What the court considers and what happens to liens/expenses

The court considers fairness, the property’s character, improvements, and any unequal investments by owners. Mortgages, liens, taxes, and costs of sale are typically paid out of sale proceeds before dividing the remainder per each owner’s ownership share.

5. Practical alternatives before suing

A partition lawsuit is adversarial and can be costly and slow. Try these steps first:

Send a written demand asking the co‑owner to list or sell the property; keep copies.
Offer to buy the co‑owner’s share at a fair market price supported by an appraisal.
Propose mediation or neutral valuation to avoid court.
Get an independent appraisal so you know the parcel’s value and can make a realistic offer.

6. If you proceed with court

Expect discovery, possible hearings, appointment of commissioners or a referee, and an order directing sale or division. Timelines vary — simple partition cases can take several months; contested cases may take a year or more. Expect court costs, commission fees for sale, and attorneys’ fees. In some cases, the court can award attorney fees to the prevailing party if warranted by the facts or contract; ask your lawyer about fee recovery options.

7. Special situations

If the property is still part of an open probate estate, coordinate with the personal representative — the estate court may need to approve sale or distribution.
If one owner has paid most property expenses or made substantial improvements, the court can adjust distributions to account for unjust enrichment or contributions.
If one co‑owner is a minor or incapacitated, the court will appoint a guardian or next friend to protect that person’s interest in the partition case.

What you should gather and bring to an attorney

Deed(s) and current title report, if available.
Death certificate and probate papers (if the parcel was inherited).
Mortgage statements, tax bills, and proof of payments.
Any written communications with the co‑owner about sale or buyout offers.
An independent appraisal or broker’s opinion of value, if you have one.

Helpful Hints

Document every attempt to negotiate. Courts look favorably on parties who tried to resolve disputes before filing.
Consider a buyout: offering to purchase the other owner’s share can be faster and cheaper than court.
Use mediation early. It can preserve family relationships and cut costs.
Get an appraisal. Knowing value helps both settlement talks and court arguments.
Check for mortgages and tax liens first. A sale won’t clear outstanding encumbrances without paying them off.
If the property lies in multiple parcels, or is divisible in a practical way, partition in kind may be possible — but expect the court to weigh fairness and marketability.
Ask your attorney about whether you can recover attorney fees and costs if you succeed.

Next steps

1) Try a written demand and offer to buy the co‑owner’s share. 2) If that fails, consult a South Carolina real property attorney experienced in partition and probate litigation. 3) If necessary, file a partition action in the county where the property sits and ask the court for sale.

Key statute reference: South Carolina Code, Title 15, Chapter 39 (Partition): https://www.scstatehouse.gov/code/t15c039.php.