How Do We Sell Jointly Owned Property Through a Realtor Instead of Going Through Court? – South Carolina

Short Answer

In South Carolina, jointly owned property can be sold through a realtor if every owner with an interest in the property agrees to the sale and signs the documents needed to transfer full title. Because a partition action is already pending, the owners should put the settlement in writing and coordinate the lawsuit’s dismissal and any lis pendens cancellation with the closing. The owners may also resolve the dispute through an agreed buyout.

Understanding the Problem

Can South Carolina co-owners resolve a pending partition action by agreeing to list the property with a realtor or by allowing one or more owners to buy another owner’s interest? The central issue is whether every required owner will give written consent and complete the agreed transaction before existing court deadlines affect the case.

Apply the Law

South Carolina allows co-owners to resolve their dispute by agreement. A private sale generally requires every record owner to approve the listing and sign the deed because one co-owner ordinarily cannot convey the other owners’ interests. If litigation is pending in the Court of Common Pleas, the agreement must also address the lawsuit, any recorded lis pendens, and how the parties will handle sale proceeds and claimed expenses.

Key Requirements

Unanimous owner participation: Every person or entity holding an ownership interest must agree to convey that interest. The deed must transfer all interests required to give the buyer full title.
Definite written terms: The agreement should identify the realtor-selection process, initial listing price, price reductions, authority to accept an offer, repairs, possession, closing expenses, and distribution of net proceeds.
Clear title and lawsuit coordination: Mortgages, judgments, ownership disputes, and any lis pendens must be addressed so the closing can produce marketable title.
Proper conveyance: The owners must sign a deed that satisfies South Carolina execution requirements, and the deed must be recorded in the county where the property lies.
Buyout funding and valuation: For a private buyout, the owners should agree on the value, payment deadline, deed terms, and treatment of liens and documented property expenses.

What the Statutes Say

S.C. Code Ann. § 15-61-10 (Right to Partition and Heirs’ Property) – Co-owners may seek partition, while owners of heirs’ property may agree in a written record to proceed differently.
S.C. Code Ann. § 15-61-50 (Partition Jurisdiction) – The Court of Common Pleas has jurisdiction over partition and court-ordered sales of jointly owned property.
S.C. Code Ann. § 15-61-25 (Co-Owner Purchase Procedure) – In qualifying partition cases, a nonpetitioning co-owner must notify the court of an intent to purchase no later than ten days before trial; court valuation and payment procedures apply if the parties cannot agree privately.
S.C. Code Ann. § 27-7-10 (Deed Execution) – A deed conveying real property must satisfy South Carolina’s execution and witness requirements.
S.C. Code Ann. § 15-11-40 (Cancellation of Lis Pendens) – After an action has been settled, discontinued, or dismissed, the filer may submit written cancellation notices in each county where the lis pendens was recorded.

Analysis

Apply the Rule to the Facts: The owners may avoid further contested litigation if all of them sign a settlement establishing either a realtor-assisted sale or a funded buyout. Because a court action is pending, the agreement should state whether the case will remain open until closing or will be dismissed subject to enforceable settlement terms. It should also resolve proceeds, documented carrying costs, liens, and cancellation of any lis pendens.

A realtor can market the property, but the realtor cannot replace an owner’s consent or resolve title defects. If even one required owner refuses to sign the listing agreement, sales contract, or deed, the voluntary sale may fail and the partition action may need to continue. More information about that alternative appears in this discussion of selling property through a South Carolina partition action.

Process & Timing

Who acts: All co-owners and the parties to the pending case. Where: The Court of Common Pleas and Clerk of Court in the county where the action is pending, with title documents recorded through that county’s Register of Deeds or recording office. What: A written settlement, appropriate court filing, listing agreement or buyout agreement, deed, and any required lis pendens cancellation. When: Before the trial date and all deadlines in the scheduling order; a statutory court-based buyout election may be due no later than ten days before trial.
Prepare the transaction: Confirm record ownership, liens, and authority to sign. For an open-market sale, select a South Carolina-licensed realtor and agree on pricing, offer approval, repairs, access, expenses, and the handling of proceeds. For a buyout, obtain an agreed valuation or appraisal and confirm financing before setting the closing date.
Close and conclude the case: All necessary owners sign the deed, valid liens are handled through closing, and the deed is submitted for recording. The parties then complete the agreed dismissal or other court filing and cancel any recorded lis pendens so the public record reflects the resolution.

Exceptions & Pitfalls

Missing owners or unclear title: A sale cannot reliably convey full title if an owner, estate, trust, lienholder, or other necessary interest has not been identified and addressed.
Vague settlement terms: Agreements often fail when they omit listing-price reductions, offer acceptance rules, repair authority, occupancy, or allocation of carrying costs. The written agreement should state who decides each issue.
Unfunded buyout: An owner’s promise to buy is not the same as available financing. The agreement should include proof-of-funds or financing requirements, a firm closing deadline, and the next step if payment does not occur.
Premature dismissal: Dismissing the lawsuit before the sale or buyout closes can remove leverage if an owner later refuses to sign. The parties should coordinate the timing of dismissal with the completed transaction.
Unreleased lis pendens: A pending notice can interfere with title even after the owners settle. The person who filed it should submit the required cancellation after settlement, discontinuance, or dismissal.
Ignoring court notices: Settlement discussions do not automatically pause hearings, discovery, or trial deadlines. The parties must obtain any needed extension or stay from the court.

Conclusion

South Carolina co-owners can sell through a realtor or complete a private buyout when every necessary owner agrees in writing and signs the required transfer documents. Because a partition case is pending, the agreement must also address title, liens, proceeds, dismissal, and any lis pendens. The most important next step is to file the appropriate settlement-related document with the Court of Common Pleas before the next scheduled deadline, keeping the ten-day pretrial buyout deadline in mind if the statutory procedure may apply.

Talk to a Partition Action Attorney

If co-owners are trying to replace a pending partition case with an agreed realtor sale or buyout, our firm has experienced attorneys who can help structure the agreement, address court deadlines, and coordinate the transaction with the pending lawsuit.

Disclaimer: This article provides general information about South Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed South Carolina attorney.