AboutSharon Wilkerson Expertise I can answer questions on residential real estate whether they concern buying or selling, 1031 exchanges, or investment property/vacation property. I can answer some questions on South Carolina law concerning the aforementioned property type sales. I cannot answer questions concerning commercial property.
Experience I am a realtor in the Charleston, SC, area which is an historic seaport town on the coast located between Myrtle Beach and Hilton Head. I have serviced both buyers and sellers from those looking to purchase their very first home to those looking for a place to retire. I have a network of realtors around the South Carolina area with whom I am in touch concerning the South Carolina real estate market.
Organizations The Charleston Tri-county Association of Realtors; The South Carolina Association of Realtors, The National Association of Realtors; Women at Work; The National Conservancy; Daughters of the American Revolution
Education/Credentials BA degree in Business and BA degree in Theatre Arts
Question I bought a house with my boyfriend in June of 2003, after Febuary of 2004 he moved out. The house is still in both of our names but I have paid everything. I have reciently tried to sell my house he refuses to sign a quit claim deed form to allow me to do so. What do I need to do to prove he abandoned the house so I can sell my house ( with allowing him half of the profit)?
Answer First off let me state that I am not an attorney and to accomplish what you need to do, you definitely need a real estate attorney. Again, I am not an attorney, but here is my opinion: First, there is no such thing as abandonment of real property in the state of South Carolina. You and your boyfriend are tenants in common meaning you each have ownership by separate and distinct titles as opposed to a husband and wife who hold tenancy by the entirety (property could not be sold without both parties agreeing to it). As a tenant in common, you can petition the court to grant you a Partition or the means to sell your property yourself, and pay your boyfriend his half of the proceeds. According to the South Carolina Code of Laws, Title 15-Civil Remedies and Procedures, Chapter 61, Partition:
SECTION 15-61-100. Sale may be ordered without writ upon testimony taken.
Nothing in Sections 15-61-60 to 15-61-90 shall be construed to affect the power of the court of common pleas to dispense with the issuing of a writ of partition when, in the judgment of the court, it would involve unnecessary expense to issue such writ. And the court may in all proceedings in partition, without recourse to such writ, determine by means of testimony taken before the proper officer and reported to the court whether a partition in kind among the parties be practicable or expedient and, when such partition cannot be fairly and equally made, may order a sale of the property and a division of the proceeds according to the rights of the parties.
SECTION 15-61-110. Attorneys' fees.
The court of common pleas may fix attorneys' fees in all partition proceedings and, as may be equitable, assess such fees against any or all of the parties in interest.
So, please, please, make an appointment with a real estate attorney and when you do, don't forget to ask her if you can also ask the court to charge the boyfriend all the attorney's fees.
