An action for partition usually arises when there is a dispute as to how to divide property, or in a dispute as to whether property should be sold. One co-owner of real property can file to get a court order requiring the sale of the property and division of the profits.
South Carolina Complaint for Conversion of Personal Property by Co-Owner and Request for Partition
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Conversion is when someone wrongfully uses property of another for their own purposes or alters or destroys it. In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in the action, the plaintiff must prove that he or she demanded the property returned and the defendant refused to do so.
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FAQ
When heirs' property is created, the heirs own all the property together (in legal terms, they own the property as ?tenants in common?). In other words, they each own an interest in the undivided land rather than each heir owning an individual lot or piece of the land.
These terms are typically found in a South Carolina deed to real property. Tenants in common means each owner owns a share of the property, whereas joint tenants with the right of survivorship mean that the owners all own the whole property, and when an owner dies, the surviving owner owns the property.
When heirs' property is created, the heirs own all the property together (in legal terms, they own the property as ?tenants in common?). In other words, they each own an interest in the undivided land rather than each heir owning an individual lot or piece of the land.
15-61-50 (2005) (if partition in kind or by allotment cannot be fairly and impartially made and without injury to any of the parties in interest, then court of common pleas has jurisdiction to order sale of the property and the division of the proceeds ing to the parties rights); Rule 71(f)(4), SCRCP (If it shall ...
"SECTION 2. Sections 15-61-10 through 15-61-110 are designated as Article 1, Chapter 61, Title 15, to be entitled 'General Provisions'." SECTION 15-61-10. Partition is compellable between certain joint tenants and tenants in common; Determination if property is heirs' property.
If all owners don't agree to partition, one or more of the owners may file a lawsuit asking the court to create a partition. If this is the case, a judge can order a partition of the property. In most circumstances, a Partition Action is brought to divide a piece of real property, such as a home or land.
Attachment is a statutory remedy (beginning at S.C. Code Ann. § 15-19-10), which enables a magistrate, upon the action of plaintiff, to attach property of a defendant which is within the territorial jurisdiction of the court.
A claim and delivery is a legal action to recover personal property which is in the possession of another party. The party who begins the action is the plaintiff.
