South Carolina: Forcing the Sale of Family Property When Some Relatives Refuse

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, consult a licensed South Carolina attorney.

Detailed answer — How a court-ordered sale (partition) works in South Carolina

If multiple family members own real property together and some want to sell while others refuse, South Carolina law generally allows a co-owner who wants to sell to ask the court to divide or sell the property through a partition action. The goal of a partition action is to treat each owner equitably when co-owners cannot agree about disposition of the land. See S.C. Code Ann., Title 15, Chapter 21 (Partition) for the governing statutes: https://www.scstatehouse.gov/code/t15c021.php.

Key points you need to know:

• Who can file: A co-owner of the property (for example, a tenant in common) may file a civil complaint asking the court to partition the property or order a sale. If the property is owned by a married couple as tenants by the entirety, neither spouse can unilaterally force a sale because that ownership form includes rights of survivorship and protections for spouses.
• Partition in kind vs. partition by sale: The court prefers a physical division of the land (partition in kind) when it is practical and will not cause prejudice to the owners. If the land cannot reasonably be divided (because of size, layout, improvements or zoning), the court may order a partition by sale — a judicial sale with proceeds divided among the owners according to their ownership shares.
• Process overview:
  1. The petitioner files a complaint for partition naming all co-owners as defendants.
  2. Defendants are served and may respond. The court may order inspections, appraisals, and the appointment of commissioners or a referee to evaluate the property and report to the court.
  3. If the court finds partition in kind is impossible or inequitable, it will order a sale — usually a public sale — and direct how sale proceeds are distributed after paying liens, mortgages, taxes, and court costs.
• Costs, liens and credits: The court subtracts valid liens (mortgages, tax liens) and likely the costs of sale from the gross proceeds. The court can also account for contributions to mortgage payments, improvements, rents, or repairs; a co-owner who paid more than their share may be entitled to credit or reimbursement as an equitable adjustment.
• Timing and objections: Co-owners can oppose the relief and present evidence (for example, that partition in kind is feasible or that a buyout is fair). The court will weigh the evidence and equities. Proceedings can take months or longer, depending on complexity and whether appeals follow.
• Alternatives encouraged by courts: Courts and judges often encourage co-owners to try negotiated solutions (sale by agreement, one co-owner buying the others out, mediation). Negotiated resolutions are usually faster, cheaper, and let owners control timing and price.
• Practical result: Yes — if you are a co-owner in South Carolina and owners cannot agree, you generally can force a sale by filing a partition action. The court will determine whether to divide the property physically or sell it and will distribute proceeds according to ownership shares after making appropriate adjustments and paying liens and costs.

Statute reference

South Carolina partition statutes are codified in Title 15, Chapter 21. See: https://www.scstatehouse.gov/code/t15c021.php.

Common practical issues in family-property partition cases

• If title shows tenancy in common, each co-owner holds an undivided fractional interest and may bring a partition action.
• If title is held as joint tenancy with right of survivorship or as tenancy by the entirety (for married couples), the availability of partition or sale differs; survivorship rights and marital protections matter.
• If the property has a mortgage, the mortgage remains attached; sale proceeds usually pay the mortgage off unless co-owners agree otherwise.
• When one co-owner lives on the property, the court may order rent or credit adjustments for use and occupancy during the pendency of the action.

Helpful hints

• Gather the deed(s), title report, mortgage statements, tax bills, and any written agreements about ownership shares or buyouts before talking with counsel.
• Get a current appraisal or market evaluation so you and other owners know the property value before a court-ordered sale.
• Consider mediation or a negotiated buyout first. Courts often require or encourage settlement attempts; a buyout can avoid the time and cost of litigation.
• Ask for a written accounting from co-owners who claim to have paid mortgage, taxes, or made improvements — those items can affect how proceeds are divided.
• If you plan to file, hire a South Carolina real estate or civil litigation attorney experienced in partition actions to prepare pleadings, handle service, and represent you in court.
• Check for liens, probate matters, or guardianship issues that could complicate a sale — for example, if an owner is deceased or incapacitated, a personal representative or guardian may need to be involved.
• Be prepared for costs: court filing fees, appraisals, title work, possible commissions on sale, and attorney fees. The court allocates some costs, but litigating is more expensive than a negotiated sale.
• Consider tax consequences of sale proceeds and whether any exemptions or capital gains rules will affect distribution. Consult a tax advisor if needed.

If you want to pursue a partition action or explore alternatives (buyout offers, mediation, or refinancing), speak with a licensed South Carolina attorney who can explain your options based on your deed, title status, and family circumstances.