Short answer: To start a partition action in South Carolina your lawyer will need clear proof of ownership, chain-of-title documents, information about all co-owners, property identification (legal description and parcel/tax ID), records of mortgages or liens, and any agreements, leases, or communications that affect possession or use. Provide whatever supporting evidence you have—deeds, wills, probate records, surveys, tax bills, and appraisals—so your attorney can evaluate whether the court should divide the land (partition in kind) or sell it and split the proceeds (partition by sale).
Detailed answer — what to gather and why
South Carolina law governs partition actions under Title 15, Chapter 51. See the statutes here: S.C. Code Ann. Title 15, Ch. 51 (Partition). A partition action asks the court to divide property among co-owners or order a sale when division is impractical.
1) Proof of ownership and chain of title
- All deeds that show how you got your interest (warranty deeds, quitclaim deeds, executor’s deeds).
- Title insurance policy and any title report, if available.
- Recent certified copy of the chain of title or a title abstract (if you have one).
2) Identity and contact information for all owners and interested parties
- Full legal names, last known addresses, phone numbers, and email addresses for each co-owner.
- If an owner is deceased, provide the death certificate and any probate or estate records identifying heirs or personal representatives.
- If any owner is a business entity, provide formation documents, articles of incorporation/organization, and authorized representative information.
3) Legal description, parcel identification, and physical evidence of the property
- Deed legal description (not just street address) and county parcel/tax ID number.
- Survey, plat map, or boundary description if you have one.
- Photographs of the property, improvements, and any disputed boundaries or encroachments.
4) Liens, mortgages, encumbrances, and tax records
- Mortgage statements, payoff information, and lender contact details.
- Recorded liens, judgments, or lis pendens affecting the property.
- Recent property tax bills and proof of payments (or delinquencies).
5) Occupancy, possession, and use records
- Which co-owner(s) currently occupy or use the property and since when.
- Leases, rental agreements, or receipts for rent received; tenant contact info.
- Records of maintenance, improvements, and expenses paid by any co-owner (invoices, canceled checks).
6) Agreements, communications, and prior attempts to resolve the dispute
- Written agreements among co-owners (partnership agreements, buy-sell agreements, family agreements).
- Emails, text messages, letters, or notes documenting settlement offers or instructions about the property.
- Any demand letters, mediation or arbitration records, or settlement drafts.
7) Appraisals, valuations, and sales history
- Recent appraisals, broker price opinions, or market comp reports.
- Sales history for the property and comparable nearby sales.
8) Court and government records
- Any prior lawsuits, judgments, or recorded court orders involving the property.
- Permits, code enforcement notices, HOA or covenant documents, and environmental reports if relevant.
9) Practical information your lawyer will ask for
- Your objective: do you want the property physically divided, sold, or would you prefer a buyout?
- Timeline expectations and your budget for litigation and expert fees (surveys, appraisals).
- Whether you want temporary relief (e.g., exclusive possession, accounting for rent or expenses) while the case proceeds.
Procedural notes specific to South Carolina
Partition actions in South Carolina proceed under state law; the statutes provide courts authority to divide property in kind or order a sale when division is impractical. For the statutory framework see: S.C. Code Ann. Title 15, Ch. 51. Your attorney will typically file the complaint in the appropriate circuit court (Court of Common Pleas) where the property is located and serve all co-owners and interested parties.
How to organize materials before meeting your lawyer
- Create a labeled folder (paper or digital) with subfolders for deeds, surveys, liens, leases, communications, and photos.
- Make a simple written timeline of events: transfers, when co-owners began occupying, major repairs, and attempts to resolve the dispute.
- Prepare a one-page summary of your goals and any time-sensitive risks (foreclosure, tax sale, pending sale contract).
What your lawyer will do first
- Confirm who must be named as defendants and served (all record owners, lienholders, heirs). South Carolina law requires joining necessary parties so the court can divide interests.
- Order title and lien searches, obtain or commission a survey if needed, and likely request an appraisal.
- File the complaint for partition and ask the court for interim relief if necessary (accounting, exclusive possession, preservation of property value).
Costs you should expect
Expect attorney’s fees, court filing fees, costs for service of process, title and lien searches, survey and appraisal fees, and possibly escrow or auction expenses if the court orders a sale. If co-owners cannot cooperate, costs can increase because of expert testimony and litigation time.
Helpful Hints
- Be proactive: the more complete your documents, the faster your attorney can file and the lower your initial cost.
- Keep originals for critical documents (deeds, wills); provide copies to your attorney and retain originals unless asked to surrender them for filing.
- If a co-owner has left the state or cannot be located, tell your lawyer right away—South Carolina law allows service by publication in some situations, but that complicates timing.
- Preserve electronic records: save emails, text messages, and voicemail transcriptions related to ownership or possession disputes.
- Consider mediation or negotiated buyout early; it often reduces fees and speeds resolution compared with litigation.
- Ask your lawyer about potential fee-shifting—South Carolina courts can sometimes award costs or attorney’s fees in equitable actions depending on the facts and statutory law.
Disclaimer: This article is for general informational purposes and does not constitute legal advice. It summarizes common documents and information used to start a partition action under South Carolina law. Consult a licensed South Carolina attorney about your specific situation before taking legal action.