Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in South Carolina to address your specific situation.
Detailed Answer
1. Prepare and File a Complaint for Partition
Any co-owner of real property may initiate a partition action by filing a Complaint for Partition in the appropriate South Carolina circuit court. The complaint must:
- Describe the property clearly (metes and bounds or tax map number).
- Name all co-owners and other persons claiming an interest.
- State whether you request a partition in kind (physical division) or by sale.
This requirement arises under South Carolina Code Ann. § 15-39-10. For full text see § 15-39-10.
2. Serve Summons and Complaint
After filing, the clerk issues a summons. You must serve the summons and complaint on every co-owner or claimant according to the South Carolina Rules of Civil Procedure. Proper service ensures all parties have notice and an opportunity to participate.
3. Appointment of Court-Appointed Commissioner
Once the complaint is on file, the court appoints a commissioner—often a surveyor or attorney—to carry out the partition. Under § 15-39-20, the commissioner must:
- Take an oath to perform duties impartially.
- Post a bond if the court requires.
- Have authority to survey, value, and divide or sell the property.
4. Consent to Partition Before the Commissioner Acts
If all co-owners agree to the form of partition (in kind or by sale), they may file a Written Consent with the clerk before the commissioner files a report. This consent waives objections and streamlines the process. If any party objects, the commissioner continues to gather evidence and valuations.
5. Commissioner’s Duties: Survey, Valuation, and Sale or Division
The commissioner will:
- Conduct or supervise a property survey.
- Obtain appraisals to determine fair market value.
- Divide the land physically if in kind, ensuring each share approximates equal value.
- Order a public sale if partition by sale is requested or if division in kind is impracticable.
If a sale is ordered, the commissioner must publish notices in a local paper and post advertisements at the courthouse, complying with South Carolina Code Ann. § 15-39-20. After sale, the commissioner reports the proceeds and distribution plan to the court.
6. Court Confirmation and Distribution
Upon receiving the commissioner’s report, the court reviews for fairness and compliance. If approved, the court issues an order confirming the sale or division and directs distribution of proceeds or deeds. Each co-owner receives their share under the court’s order.
Helpful Hints
- Identify all owners early to avoid delays in service.
- Consider mediation before filing to explore buyout options.
- Obtain a preliminary survey to spot boundary issues.
- Gather current appraisals to inform fair division or sale estimates.
- Track statutory deadlines for objections and sales notices.
- Keep records of all filings, consents, and reports to show the court full compliance.