Options for Buying Out Co-Owners in a South Carolina Partition Case

Disclaimer: I am not a lawyer. This article provides general information about South Carolina law and common steps people take when trying to buy out co-owners in a partition dispute. This is not legal advice. Consult a licensed South Carolina attorney about your specific situation.

Quick summary

If you want to buy out co-owners before a court orders a sale in a South Carolina partition action, act quickly and deliberately: obtain a valuation, prepare a written purchase offer that addresses liens and closing mechanics, present the offer to the co-owners and the court (if the suit is already filed), propose a consent order or dismissal, and be ready to prove you have funds. The partition statute in South Carolina allows partition in kind where practicable and sale when in kind is impractical — parties can always agree to a buyout and ask the court to approve it. See S.C. Code Ann., Title 15, Chapter 39 (Partition) for the statutory framework: https://www.scstatehouse.gov/code/t15c039.php.

Detailed answer — how to make a credible buyout offer before the court orders a sale

1. Understand the legal context

South Carolina law recognizes partition actions for co-owners of real property. The court will order partition in kind when it is practicable; if not practicable, the property will be sold and the proceeds divided according to ownership shares. Parties, however, may settle among themselves at any time and ask the court to approve a voluntary settlement or dismissal. For an overview, see the Partition chapter of the South Carolina Code: https://www.scstatehouse.gov/code/t15c039.php.

2. Gather the essential facts before making an offer

Confirm each owner’s legal interest and percentage (title or deed and any written agreements).
Check for existing mortgages, liens, taxes, and judgments that affect net equity.
Order a current market appraisal or broker opinion of value so your offer is defensible.
Calculate the buyout price: (appraised value minus encumbrances) × your target ownership share adjustment.

3. Draft a clear, written offer that addresses what the court will want to see

Make the offer formal and specific. Include:

Buyer and seller names and the ownership percentages implicated.
Purchase price and formula used (how you calculated the owner’s share).
How mortgages, liens, and taxes will be handled at closing.
Escrow/earnest money amount and source of funds (proof of funds or bank statements).
Proposed closing date and practical steps for transferring title (quitclaim or warranty deed as appropriate).
Language stating that acceptance will resolve the partition litigation and a proposed consent order or joint stipulation dismissing the action.
A deadline for acceptance and consequences for failure to accept (e.g., you may bid at sale).

4. Deliver the offer correctly

Send the offer to each co-owner and any counsel representing them. If a partition action is already pending, also file notice of the settlement offer with the court and serve opposing counsel so the judge and parties are aware. If a sale date is scheduled, file a motion asking the court to stay the sale long enough for the parties to consummate the buyout, and attach your written offer and proof of funds.

5. Use a consent order or stipulation to remove the property from the court’s sale process

If all co‑owners accept the buyout terms, prepare a written settlement agreement and ask the court to enter a consent order (or to dismiss the partition action). Courts generally accept voluntary settlements that are fair and supported by documentation. If only some co-owners accept, ask the court to approve the transaction as between consenting parties and to either dismiss as to those parties or enter a specific order approving the transfer and resolving distribution rights.

6. If some co-owners refuse, be ready for two common paths

Persuasion/negotiation: Improve the offer, propose installment buyouts, or provide stronger proof of funds or financing commitments.
Litigation route: If a sale goes forward despite your offer, you can either bid at the court-ordered sale or, if appropriate, file a motion to vacate or set aside the sale based on procedural error, fraud, or newly discovered facts. Courts will want to see bona fide offers and proper process.

7. Practical closing items to cover in your agreement

Who pays closing costs and unpaid property taxes through the closing date.
How mortgages or liens are released or paid off at/through closing.
Any credits for improvements or expenses advanced by co-owners.
Title insurance or indemnity for unknown claims after transfer.
How attorney fees and costs from the partition case will be allocated or waived.

Where the court fits in — what judges typically require

Because a partition action affects property rights, a judge has to be sure any private settlement is fair, that funds are secure, and that the record is clear that all co-owners consent (or that the court resolves remaining disputes). If you submit a buyout agreement and a proposed consent order, the court will often:

Require evidence of the property valuation and proof of funds.
Confirm that encumbrances will be resolved at closing.
Approve a dismissal or enter an order authorizing transfer if it protects the parties and third parties (lienholders, taxing authorities).

Statutory reference

South Carolina’s partition law provides the framework for partition suits and sales. For the statutory text and procedures, see S.C. Code Ann., Title 15, Chapter 39 (Partition): https://www.scstatehouse.gov/code/t15c039.php.

Helpful hints

Get a professional appraisal. A court and other owners will give more weight to a formal appraisal than to informal estimates.
Prove your ability to pay. Attach bank statements or a lender commitment to your written offer to avoid last-minute credibility problems.
Consider an escrow agent or the court registry for any deposit so co-owners and the court see funds are secure.
Address liens and mortgages in your offer. Saying you will “assume” a mortgage is not the same as arranging payoff; clarify how you will handle encumbrances.
Be specific about releases. The buyout agreement should include a written release that resolves past claims between the parties, and a deed that conveys title free and clear to the extent possible.
Use a written settlement/consent order to close the loop in court. Oral agreements are risky once litigation is pending.
If you lack funds now, consider staged buyouts, promissory notes secured by the property, or refinancing after the court approves restructuring.
Talk to an attorney experienced in South Carolina partition and real property law before filing motions or closing a buyout. They can prepare the consent order and protect you from post-closing claims.

If you want help turning an informal offer into a court-ready settlement or motion—such as drafting a consent order, filing a motion to stay a sale, or preparing proof of funds—consult a licensed South Carolina attorney who handles partition and real property disputes.