Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer: Filing a Partition Petition in South Carolina
When multiple relatives co-own real estate in South Carolina and cannot agree on how to use or divide the land, any co-owner may ask the court to partition the property under South Carolina Code § 15-39-10. Below are the key steps and legal requirements to file a partition petition.
1. Confirm Co-Ownership and Legal Interests
Before filing, verify the type of co-ownership (joint tenancy, tenancy in common) and review the deed and title documents. Tenants in common each hold a distinct share and can seek partition at any time (SC Code § 15-39-10).
2. Prepare the Partition Complaint
The complaint initiates the action. It must include:
- Names and addresses of all owners and interested parties
- A legal description of the property
- The petitioner’s share and the relief sought (physical division or sale)
- A statement of efforts to resolve the dispute informally
3. File in the Proper Court
File the complaint in the county where the land lies. Pay filing fees and attach certified copies of title documents and any surveys or plats showing property boundaries.
4. Serve All Co-Owners and Interested Parties
Service ensures every owner gets notice. Use certified mail or sheriff service in compliance with SC Code § 15-39-50. If a party cannot be located, you may need substituted service or publication per South Carolina Rules of Civil Procedure.
5. Request an Equitable Partition or Sale
If physical division is impracticable, petition the court for a sale and distribution of proceeds. The court may appoint commissioners to value, divide, or sell the property (SC Code § 15-39-210).
6. Attend Court Proceedings
After service, the court schedules hearings. Prepare to present:
- Evidence of ownership shares
- Survey maps or appraisals
- Proposed division plan or valuation report
7. Court Order and Distribution
If the court orders a physical division, a plat is recorded and new deeds issued. For a sale, proceeds are held in escrow, liens and expenses paid, then distributed among co-owners according to their shares.
Helpful Hints
- Obtain a professional land survey to clarify boundaries before filing.
- Consider mediation to reduce costs and preserve family relationships.
- Gather all title and mortgage documents early.
- Check for liens or easements that could affect partition or sale.
- Be aware of court costs, commissioner fees, and appraisal expenses.
- Keep detailed records of all notices and service proofs.
- Consult a qualified South Carolina attorney for procedural guidance and local rules.