How a House Ends Up With Eight Owners
Somebody dies without a will. Under intestate succession the property passes to their heirs as tenants in common, and no deed is ever recorded to say so. Then one of those heirs dies, and their share divides again.
Three generations of that produces a house owned by a dozen people, several of whom have never seen it, some of whom do not know they own it, and none of whom can sell it alone. In South Carolina this is called heirs' property and it is enormously common.
What Does a Fire Do to That?
The full position is on our page covering heirs property and the Pinckney Act.
And Why That Attracts the Wrong Kind of Buyer
Here is the pattern South Carolina legislated against, and it is worth understanding before anybody approaches you.
A tenant in common can sell their own fractional share without anybody else's agreement. So a buyer approaches one cousin, buys their one-twelfth cheaply, and becomes a cotenant. As a cotenant they can then petition the court for partition, and historically that meant the whole property going to a courthouse auction where it sold for a fraction of its worth.
Is That Legal?
What the Act Requires
A preliminary determination. When a partition action is filed the court must first decide whether the property qualifies as heirs' property, under section 15-61-330.
A real appraisal. Section 15-61-360 requires the court to order one from a disinterested real estate appraiser licensed in this state, determining fair market value assuming sole ownership of the fee simple estate.
A buyout right. Under section 15-61-370 the remaining cotenants get the chance to buy out the interest of whoever asked for the sale.
An open-market sale. Section 15-61-400 provides that a court-ordered sale must be an open-market sale unless sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group, with a licensed broker listing at no less than the appraised value.
What a Fire-Damaged Greenville Property Is Actually Worth
The Terms That Move the Number Here
Who is actually on the deed. The first question, ahead of the damage.
Whether anyone has died without a will. Because that is how the fractions start.
Whether anyone has been approached about their share. And what they were offered.
Whether the property was insured at all. Heirs' property frequently is not, properly.
What the frame will still do. The ordinary question, once the rest is answered.
Anyone quoting without asking who owns it has priced a house they may not be able to buy.
What We Will Not Do, Stated Plainly
We will not buy a fractional interest from a single cotenant. Not one share, not two, not a majority of shares from some of the owners while others are not part of the conversation.
We buy whole properties from everybody who owns them, or we do not buy. That is the only version of this business that is not the thing the Pinckney Act was written about, and we would rather say it on the homepage than be asked.
Does That Lose You Deals?
The Insurance Problem Underneath
Worth naming because it decides so many of these files. Property nobody clearly owns is property nobody insures properly, and a claim made by one heir on a house owned by twelve is a claim with a problem in it.
Many heirs' property fires end with no meaningful payout at all, not because the claim was refused unfairly but because the coverage was never correctly arranged. That changes what the property is worth and what the family's realistic options are.
How the Timeline Runs
An open claim does not prevent a sale. What stops a Greenville sale is an ownership picture nobody has established, and that is fixable with a lawyer and some patience.
If you are weighing several offers, how to tell local cash buyers apart covers the checks that separate them.
Questions Owners Ask
How Do I Find out Who Owns It?
The Register of Deeds holds what was recorded and the probate court holds what was administered. A South Carolina lawyer can assemble the picture, and it is the first useful step.
Somebody Offered to Buy My Share.
Take that to a lawyer before answering. Selling a fractional interest brings a stranger into your family's ownership and it is very hard to undo.
Can I Sell With an Open Claim?
Yes, where the ownership position allows a sale at all. Who keeps the proceeds is a contract term.
Nobody Will Pay to Secure It.
Common, and understandable when everyone owns a fraction. It is also the decision that costs the family most, because the building deteriorates while the question is open.
Sources
- South Carolina Code Title 15, Chapter 61, Article 3 — Clementa C. Pinckney Uniform Partition of Heirs' Property Act
- Sections 15-61-310 to 15-61-420; effective 1 January 2017
- Section 15-61-330 preliminary determination; 15-61-360 determination of value
- Section 15-61-370 cotenant requesting partition by sale; 15-61-380 partition in kind or allotment
- Section 15-61-390 manifest prejudice; 15-61-400 open-market sale; 15-61-410 broker's report