How Partition Actions Work in South Carolina: A Guide for Families Facing Shared Property Disputes
In South Carolina, it is common for two or more people to own real estate together. Sometimes that happens when family members inherit property. Other times it arises after a romantic relationship ends and both parties remain on the title. In other situations, business partners or investors purchase property together and later disagree about what to do with it.
Whether the property is inherited timberland, the family homestead, or an investment property purchased years ago, shared ownership can become difficult when co-owners no longer agree. One person may want to sell, another may want to keep the property, and another may want to buy out the others.
When co-owners cannot reach an agreement, South Carolina law provides a structured legal process to resolve the dispute. That process is called a partition action.
Understanding how partition works – and the different ways property can be divided – can help you protect your ownership rights and make informed decisions about jointly owned property.
In This Article:
- What is a Partition Action?
- Who Can File a Partition Action?
- Types of Partition Actions
- The Court Process in a Partition Case
- Costs, Attorney’s Fees, and Distribution of Proceeds?
1. What is a Partition Action?
A partition action is a lawsuit filed to divide or sell jointly owned real property. Under South Carolina law, when two or more people own real estate together as joint tenants or tenants in common, any one of them may seek partition. [i] However, a similar sounding type of tenancy, called a Tenancy in Common with Right of Survivorship, is not subject to partition.
Partition is a matter of legal right. If a person has an ownership interest in the property, the court generally must allow the partition to go forward.
Partition actions most commonly arise in two situations:
- Heirs’ Property: Siblings or extended family members inherit land together and cannot agree on whether to sell or keep it.
- Romantic Relationships: An unmarried couple purchases a home together, later separates, and disagrees about who should keep the property.
Regardless of how the co-ownership arose, partition provides a legal mechanism to resolve the impasse.
2. Who Can File a Partition Action?
Any person or entity who owns an undivided interest in real estate as a joint tenant or tenant in common may file a partition action.[ii]
This includes:
- An heir who inherited a fractional interest in family land
- A former romantic partner still listed on the deed
Partition actions are filed in the Court of Common Pleas in the county where the property is located.[iii] If the property is in Lexington County, the case would be filed there.
All individuals or entities with an ownership interest — and anyone claiming an interest — must be named as parties.[iv] This ensures the court can fully determine ownership rights and issue a binding order that clears title.
Properly identifying all parties at the outset is critical to avoiding delays and complications later in the case.
3. Types of Partition Actions
South Carolina law allows the court to divide property according to the respective rights of the parties. There are three primary methods of partition.
Partition in Kind (Physical Division)
If the property can be fairly and equitably divided, the court may order that it be physically partitioned.[v]
For example:
- A 40-acre tract inherited by siblings may be divided into separate parcels
- A large investment tract may be subdivided into commercially usable lots
Partition in kind is more common with larger tracts of rural or undeveloped land.
Partition by Allotment
South Carolina law also allows the court to allot the entire property to one or more of the parties and require that party to compensate the others for their respective shares.[vi]
For example:
- After a romantic relationship ends, one former partner may wish to remain in the home and have the ability to refinance and compensate the other for their share.
- One sibling who has lived on and maintained inherited farmland in Lexington may want to keep the property intact and pay the other heirs their proportional interests.
In these situations, the court may determine the property’s value and allow the electing co-owner to pay the others based on that valuation. If the electing party does not complete the payment as required, the court may then proceed with ordering a sale.
Partition by allotment is often an attractive option because it allows the property to remain intact while still ensuring that each owner receives fair compensation.
Partition by Sale
If the property cannot be fairly divided and allotment is not appropriate, the court may order the property sold and divide the proceeds.[vii]
Partition by sale is common when:
- The property is a single-family home that cannot be split
- Division would substantially reduce the property’s value
In many disputes, sale becomes the most practical solution when cooperation has broken down.
4. The Court Process in a Partition Case
Once a partition action is filed, the court must determine whether the property is “Heirs Property”. “Heirs’ Property” is a specific term, defined by the legislature, and if a parcel qualifies, there are very specific statutes that must be followed in order to effectuate a proper partition.[viii] In general, however, most partition cases have similar structures regardless of whether not the “Heirs Property” rules govern.
If physical division is appropriate, the court may require the parties to submit evidence that the proposed division is not only equitable, but also approved by the local government.
If the property is to be sold, the court issues an order directing the sale and supervising the process.[ix] After the sale, the proceeds are paid into court for distribution.
South Carolina law also allows the court to adjust the equities between the parties. This may include accounting for:
- Mortgage payments made by one co-owner
- Property taxes paid by one co-owner
- Repairs or improvements
- Rental income collected
- Other unequal financial contributions
These equitable adjustments are especially important in romantic breakup cases, where one party may have carried more of the financial burden.
Partition litigation can become complex when valuation, contribution history, or ownership percentages are contested. Experienced legal guidance can help ensure your position is clearly presented and your rights are protected.
5. Costs, Attorney’s Fees, and Distribution of Proceeds
After a partition sale, or after compensation is paid in an allotment, the court distributes funds according to each party’s ownership interest.
The court has authority to allocate costs associated with the action.[x] In certain circumstances, attorney’s fees may be awarded and taxed as part of the costs.[xi]
Conclusion
Co-owning property can work well when everyone agrees. But when circumstances change – after the death of a family member or the end of a romantic relationship – shared ownership can quickly become complicated.
Whether you are dealing with inherited heirs’ property or a jointly owned home following a breakup, a partition action provides a clear legal framework for resolving the issue.
South Carolina law allows the court to:
- Physically divide the property
- Allot it to one owner with compensation to the others
- Order it sold and distribute the proceeds fairly
Every partition case is different. Ownership percentages, financial contributions, and long-term goals all affect the best path forward. Because partition actions affect title to real estate and often involve significant financial interests, it is important that the process is handled correctly from the beginning. Errors in valuation, ownership analysis, or party identification can materially affect the outcome.
If you are involved in a dispute over jointly owned property in Lexington or anywhere in South Carolina, our firm has experience handling partition matters from initial filing through final resolution. We can help you evaluate your options and determine the most practical solution for your situation.
You can schedule a consultation by calling our office at (803) 359-9000 or using the link below.
Last Updated: 2/25/2026
About the Author
Anna Yonge is a litigation attorney in Lexington, South Carolina. She represents clients in real estate disputes, partition actions, and other civil litigation matters throughout the state. For practical advice about your property rights, contact Anna to see how she can help.
[i] S.C. Code Ann. §15-61-10.
[ii] Id.
[iii] S.C. Code Ann. §15-61-50.
[iv] S.C. Code Ann. §15-61-20.
[v] S.C. Code Ann. §15-61-50.
[vi] S.C. Code Ann. §15-61-25.
[vii] S.C. Code Ann. §15-61-50.
[viii] S.C. Code Ann. §15-61-310 et. seq.
[ix] S.C. Code Ann. §15-61-100.
[x] S.C. Code Ann. §15-37-10 et. seq.
[xi] S.C. Code Ann. §05-61-110.
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