What is a Partition Action?
A Partition is essentially the act of dividing property between co-owners. Owners may wish to partition property for a number of reasons. Perhaps you inherited property along with other family members, but nobody can agree about how that property should be managed. Or perhaps you simply want to get your name off of the property. If the owners can't come to an agreement, it may be time to consider Partition. Contact one of our South Carolina real estate attorneys to find out more about Partition in South Carolina.

What if the Other Owners Won't Agree to a Partition?
In South Carolina, co-owners of real property have a statutory right to Partition real estate. This means that the other owners generally do not have to consent to you seeking a Partition. However, this does not mean that a lawsuit is always required to Partition property. It is sometimes possible to resolve a Partition without involving the courts.

What Happens in a Partition Action?
The first step is to evaluate whether the owners can voluntarily reach an agreement. Sometimes, a voluntary agreement isn't practical. If the owners are unable to agree on a voluntary Partition, you can file a lawsuit with the South Carolina state court system asking for Judicial Partition. The action is filed in the county where the property is situated. The court will consider the most fair way to divide the property. There are a number of factors courts consider when making these decisions.

How Do I Get Started?
Because each parcel of land is unique, every Partition also has its own unique characteristics. While some partitions require court involvement, other partitions are entered into voluntarily after some negotiation. Contact one of our South Carolina real estate attorneys to learn more about Partition actions in South Carolina.