Can You Force a Sale of Jointly Owned Real Property?

Do you own a piece of real property that you no longer wish to own? Do you own it with another person? Have you considered selling it, or posed this as a goal to other owners, only to be told that no one else is interested in the sale of the property? As experienced South Carolina real estate attorneys, we understand these specific challenges and want to give a few key insights into this particular problem.

The short answer is that in almost all circumstances one owner can force the sale of real property on another owner. This can also almost always be accomplished even if you are the minority owner, or less than 51% of the real estate interest. It can be complicated which is why you will not want to proceed without the guidance of a South Carolina real estate attorney.

The forced sale of jointly owned property is also known as partition action. This is a legal process that allows a co-owner of a property to force the sale of the property, even if the other co-owner does not want to sell. This can arise from a variety of reasons including, but not limited, to when: 

• There are disagreements or friction between the co-owners on property management
• There is financial hardship and it is too expensive for one of the co-owners to maintain the shared property
• There is relocation and the co-owner can no longer benefit from the shared property or manage it
• There is disagreement on how to sell or rent the property
• This shared property is part of an inheritance and the new co-owners do not wish to keep it as real property

Your South Carolina lawyer can advise you how, in a partition action, as the co-owner who wants to sell their share or the entire property a lawsuit will need to be filed in court. Your lawyer will represent you in this proceeding and guide you through the complicated process of separating from this real property. 

It is important to point out, however, that filing a lawsuit should be the option of last resort. Lawsuits are expensive, time consuming, and emotionally draining. As you meet with your South Carolina attorney, she can guide you through alternatives to filing a lawsuit. Often, the threat of a lawsuit can be enough to bring all parties to the table to have open conversation and mediate a sale without the court getting involved.
We know this blog raises more questions than it answers. We are your local, experienced, law firm!  At Jabber & Isaac, we are dedicated to providing the best legal counsel in a caring and compassionate way. If you are looking for a premier law firm in the Midlands area of South Carolina, look no further than Jabber & Isaac. To learn more about our firm, we encourage you to contact us today to schedule an appointment to meet with one of our attorneys.