Short answer

Under South Carolina law, a person who holds a life estate (a “life tenant”) generally retains the right to possess and live in the property for the duration of the life estate. However, a co-owner or remainderman may still file a partition action to divide or sell the property. During a partition action the court can order a sale or a physical division and can make interim orders about who occupies the home, whether the life tenant must pay use-and-occupancy or be credited for occupancy, and how any sale proceeds are divided. See South Carolina’s partition statutes: S.C. Code Ann. Title 15, Chapter 49 (Partition).

Detailed answer — How possession works during a partition in South Carolina

1. Basic property rights: life tenant vs. remaindermen

A life tenant has a present, possessory right to the property for the rest of the life measured by the life tenant (or another defined lifetime). Remaindermen (those who own the future interest) hold nonpossessory interests until the life estate ends. Because a life tenant’s estate is possessory, courts usually respect that right unless the partition proceeding provides otherwise.

2. A co-owner can still sue for partition

South Carolina allows co-owners to bring a partition action to divide or sell real property. The fact that one owner is a life tenant does not necessarily block a partition suit. The court will consider the nature of each party’s interest and the equities in deciding whether to partition in kind (physically divide), appoint a commissioner to allocate parcels, or order a sale and division of proceeds. (See S.C. Code Ann. Title 15, Ch. 49.)

3. Interim possession during the lawsuit

During the pendency of the partition suit, the court has equitable powers to issue temporary orders about possession and use. Typical possibilities include:

The life tenant remains in possession until final resolution (common when the life estate is clearly valid).
The court orders the life tenant to pay rent or “use and occupancy” to compensate the other owners for exclusive use.
The court allows the life tenant to remain but issues conditions (e.g., maintain the property, keep insurance and pay taxes).
The court orders the property vacant and sold immediately if continued occupancy would cause harm or the property cannot be divided practically.

4. How the court values the life estate and divides proceeds

If the court orders a sale, it will determine how to divide proceeds among the life tenant and remaindermen. Typically the life estate is given a present monetary value (often using actuarial or statutory life-estate valuation methods) and the remaindermen receive the remainder value. The life tenant’s right to possess may reduce or eliminate any required immediate payment if the market-value allocation accounts for the life interest. The court may also award credits for necessary expenses the life tenant paid (taxes, insurance, repairs) or charge the life tenant for waste or failure to maintain the property.

5. Waste, maintenance, and obligations

The life tenant must avoid committing waste (conduct that harms the property and reduces its value). If the life tenant allows damage or fails to maintain the property, the court can order repairs, offset damages against the life tenant’s share, or change the possession orders. Conversely, necessary and reasonable expenditures (taxes, ordinary repairs) may be credited to the life tenant when proceeds are distributed.

6. Practical outcomes (examples)

Example A — Life tenant remains: Mary holds a life estate and lives in the house. John, a remainderman, sues for partition. The court permits Mary to stay during the case but orders Mary to pay monthly use-and-occupancy to John and to keep taxes and insurance current. If the court later orders a sale, proceeds are divided after valuing Mary’s life interest.

Example B — Immediate sale: The property cannot be divided, or it would lose value. The court orders a sale. The purchaser takes the property free of the life estate, and the court divides proceeds so each party receives an amount reflecting their respective interests.

What you should expect during a partition case in South Carolina

The complaint is filed and the court issues a summons.
Parties exchange information: deeds, wills, trust documents, and records proving the life estate or ownership shares.
The court may hold a temporary hearing to decide who occupies the property during litigation and whether any payments (rent/use-and-occupancy) are due.
Appraisers or commissioners may inspect and value the property.
The court enters a final order: partition in kind, sale, or other equitable distribution.

Relevant South Carolina statute (starter reference)

Partition actions and the court’s power to divide or order sale are governed by the state’s partition statutes. For the statutory framework see: S.C. Code Ann. Title 15, Chapter 49 — Partition. If your situation also arises from a trust or probate instrument, those provisions may affect how interests are treated.

When to talk to a lawyer

Consider consulting a South Carolina real estate or probate attorney if any of the following apply:

The papers creating the life estate are unclear or disputed.
You face a partition complaint and need to preserve occupancy or contest valuation.
There are allegations of waste, failure to pay taxes, or disputes about who owes what.
You want to negotiate a buyout, mediation, or an alternative to sale.

Disclaimer

This article is informational only and does not constitute legal advice. Laws change and every case turns on its facts. Talk with a qualified South Carolina attorney to get advice tailored to your situation.

Helpful Hints

Gather and save the deed, trust documents, wills, probate records, and any written agreements showing the life estate or ownership shares.
Keep records of payments you make for taxes, insurance, utilities, and repairs; these can affect the court’s distribution decisions.
Do not commit alterations that might be considered waste. Ask the court or an attorney before making major changes to the property.
Consider mediation or a negotiated buyout — courts often approve settlements that avoid the cost and uncertainty of trial.
During a partition suit, respond to court papers and attend hearings. Failing to participate can result in orders you did not want.
Ask the court for a temporary possession or use-and-occupancy hearing if you need legal protection to stay in the home while the case proceeds.