Three siblings — Ava, Ben, and Carla — inherit a beach cottage in Hilton Head, South Carolina as tenants in common. Ava wants to sell her share but Ben and Carla refuse to sell. Under South Carolina law, what legal action can Ava take to force a resolution?
Correct Answer
B) File a partition action in circuit court to divide or sell the property
Under South Carolina law, any tenant in common who cannot reach agreement with the other co-owners may file a partition action in circuit court. The court can either physically divide the property (partition in kind) or, if physical division is impractical, order the property sold and the proceeds divided among the co-owners according to their respective interests. This right of partition is a fundamental characteristic of tenancy in common under SC common law and equity principles.
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Related Topics & Key Terms
Key Terms:
Related Concepts
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
Community property is a system where property acquired during a marriage is owned equally by both spouses.
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