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South Carolina Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for South Carolina on
Q: Is it possible to remove a co-owner on a home?

My mother is a co-owner on my home. The mortgage is paid off, but she does not want to put the deed in only my name. Is there anyway for me to remove her name from the deed and title? She is not and has never lived in the home with me. Also all the utilities are in my name.

Anthony M. Avery
Anthony M. Avery answered on Jun 28, 2021

If you cannot get her to agree to give you a Quit Claim Deed, then you may have to hire an attorney to file a Sale For Partition Action.

1 Answer | Asked in Real Estate Law, Bankruptcy and Consumer Law for South Carolina on
Q: I would like to purchase a parcel of land, but 1 of the 2 owners has several judgements against him in the same county.

The property is an empty parcel and not the residence of the debtor. He has only partial interest that does not exceed $5000. I am trying to find out if he can sell without being affected by the judgements. Using info from the S.C. Code 15-41-30, can he sell it and still remain "judgement... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Jun 22, 2021

S.C. Code 15-41-30 refers to the homestead exemption, and you have stated it is not his residence. Therefore, the property is not exempt from creditors. Whether the lien is properly filed is another matter. However, if the lien is valid, then, although the property can still be sold, the lien... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for South Carolina on
Q: How to change the name on a real estate deed of owner passed away over 25 years ago?

Hi, my question is in reference to a home that was given to me by my aunt before she died. The original name on the deed is my uncle who has been deceased for about 25 years. His wife gave me the home before she died about 15 years ago. I have lived in the house since then. Their children all live... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 8, 2021

Hire a competent attorney to search the title, determine heirship, draft and record an Affidavit of Heirship, then draft a Deed for the other tenants in common to convey their interests over to you.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for South Carolina on
Q: The deed has our deceased mother's name at the beginning, and heir's and at the very end it says forever.

With the forever be in at the end she got a mortgage and me nor my sister signed on that mortgage on agreement to the mortgage nor did we see any of the money so is there any type loophole with the , forever, that gets us out of the mortgage.? So we can keep the land for our children

Nina Whitehurst
Nina Whitehurst answered on May 30, 2021

You might be misunderstanding the meaning of typical wording in a deed that says "to [name of Grantee] and her heirs and assigns forever". That does not mean that title is vested in the heirs along with the grantee. It just means that the grantee acquired fee title. The signatures of... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for South Carolina on
Q: If a person have joint tenant with the right of survivorship in SC when will does it comes effect? before death or after

My grandmother deeded the land to multiply people under survivorship joint tenant in SC before my my grandfather death is that legal. An my grandfather didn't signed the deeds either to the people she deeded the land to. An what are the consequences behind her doing this if it was illegal. Can... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 7, 2021

She can convey her interest in the property. Assuming the grandparents own the property as husband and wife, then if she survives her husband, the conveyance vests. If not, then the conveyance is extinguished. It is a future interest conveyance, and very legal.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: If house is left as a life estate and then split 3 ways if she leaves, whose name goes on the deed and insurance policy?

My dad passed this year. According to his will, he left his house to his gf as life estate. If she decides to leave, we are to sell and split 3 ways (her, myself and my sister). I haven't heard anything about whose name the deed goes in, who is responsible for insurance policy and whose name... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 18, 2021

Was the Will Probated? If not, it has no effect. If Probated, the Executor supposedly must sell the home if she leaves prior to death. The proceeds would be disbursed according to the Will Devise. The Deed would be from the

the three Remaindermen over to the purchaser. I do not...
Read more »

2 Answers | Asked in Real Estate Law for South Carolina on
Q: My mom & dad are deceased the deed to the home was in both their names. There are 4 siblings and a half sibling. The

half sibling has always stayed in NYC. The rest of us are in SC. Me and my sister have been staying in this house practically all our lives, but dad didn't leave a will, but all my siblings know and have heard my dad say he wanted for me to have and take over the house. I'm disabled now... Read more »

Evan Guthrie
Evan Guthrie answered on Mar 2, 2021

There are many options that can be explored to transfer title to you as part of the estate administration and probate process. If all of the other siblings are agreeable to transfer the property to you there can be an agreement signed or they can waive their interest in the property. A lawyer can... Read more »

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1 Answer | Asked in Real Estate Law for South Carolina on
Q: If someone was forced to sign their ownership and rights over for their property and land is that duress ?

Years ago my mom left me and my brother half of everything. He told me he couldn’t help me with my medical issues anymore so he told me to sign some papers for my medical to get help. I didn’t sign them until he threaten me to hurt my family so I signed the papers . Years later after he died... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 14, 2021

There is probably no grounds to set aside the Deed. Also the SOL may have run. You might check the title and taxes. And the Mother may have not owned the property in fee simple like you assume. If there was a Will involved, it had to be Probated or had no effect.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: my mother passed away she has a property with her on it only. what can my father do? they were married 61 years

my sister has been residing in the home for over 10 years. she pays rent monthly. my mom just passed away 2 months ago today. can my father just turn the home over to her or is he next in line for it. how does that work?

Anthony M. Avery
Anthony M. Avery answered on Jan 7, 2021

Possibly your Father owns it as the surviving spouse. Whatever the case, hire a competent attorney to search the title, determine heirship, execute an Affidavit of Heirship, and then decide who wants the property by Deed from the owner.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: How to remove deceased parent and sibling from house deed?

My father lives in my grandfather’s house, however his name is not on the deed. The deed has my grandfather and my uncle’s name on the deed, both who are deceased. My uncle has two sons, one who is deceased. My dad has been paying taxes on the property for over 20 years. How to I get the deed... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 29, 2020

Based on your limited facts I am not sure your Father owns the house in fee simple absolute. But I recommend you hire a competent attorney to search the title, determine heirship, and record an

Affidavit of Heirship. Upon its recording, notify the taxing authority. If there are other...
Read more »

1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: Heirs property

My mother passed away some years ago and left me and my brother a house behind . so my little brother took over the house. Now that he passed away his children is trying to take over the house. So who has the rights to Inherited the house .

Anthony M. Avery
Anthony M. Avery answered on Dec 21, 2020

You will need an attorney to conduct a title search, then determine heriship. He should draft and record an Affidavit of Heirship as the source of title notice to the world who the heirs are. Then the heirs need to pay

taxes, insurance, etc. unless they agree to sell. A partition...
Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for South Carolina on
Q: I was willed a piece of lane along with 5 of my uncles who have all died im last living owner none left a will.

Do heirs have more rights than i do what rights do claimed heirs have. To property i am last living owner. And its a bit of confusion do they have same rights as i do whats the difference

Evan Guthrie
Evan Guthrie answered on Dec 9, 2020

This may depend on how long it has been since the deceased person passed away and if the others named in the will or related persons of the deceased survived the deceased person. A probate lawyer can help determine how to best proceed in what is most likely a Determination of Heirs situation.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Deeds are in my husbands name and my first name/ his last name. Never legally changed my name. Problem when selling?

Not sure why my legal name wasn’t used.

Do i need to change it or change to AKA?

Anthony M. Avery
Anthony M. Avery answered on Dec 7, 2020

The granting clause and signature should include all your names. Before the Notary, you covenant you are one and the same as those other names. This should not be a problem.

1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: My mother passed away in August 2020 and left me the mobile home and 1 acre land do I need to get an attorney
Anthony M. Avery
Anthony M. Avery answered on Dec 1, 2020

Yes... Hire a competent attorney to search the title, including the certificate of title on the mobile home. If secured debt liens exist, and the title is otherwise clear, start paying them along with taxes and insurance. Get an Affidavit of Heirship recorded as your source of title if you are... Read more »

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Real Estate Law for South Carolina on
Q: Can a person with a restricted licence drive a car while a license driver in passager seat?
Tim Akpinar
Tim Akpinar answered on Nov 22, 2020

A South Carolina attorney could answer best, but your post remains open for a week. As a GENERAL matter in ANY jurisdiction, it could depend on the restriction. Nationwide, Departments of Motor Vehicles enforce different classes of restrictions, covering things such as hearing aids, shoulder... Read more »

1 Answer | Asked in Real Estate Law for South Carolina on
Q: I've entered into a Purchase and Sale Agreement to purchase an acre of land.

I've had the land surveyed and have a plat map. The seller is also in the process of selling additional land adjacent to the property I'm buying. Because there is nothing recorded showing that I am in the process of buying the land, the buyer of the other property has had all of... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 12, 2020

You could very well lose the prospective property transfers. Without a Deed conveyance over to you, the owner is still free to convey to others. You might be able to sue him for breach of contract, but you better read your contract verbatim. It sounds like you do not have a set closing date.... Read more »

1 Answer | Asked in Real Estate Law for South Carolina on
Q: At what point is forclosure Legal?

Contract for 200 a month on 5000. He played 50 a week even though it was 200 a month. Dealing with covid 19 he is a little behind. 200 became due last week. This week he will have the money to pay but she says the contract is null and void. He needs to move. Is this legal? He is in south Carolina.

Ben Corcoran
Ben Corcoran answered on Oct 2, 2020

It would be best to modify this as it is being posted under NC when the relevant law is in SC.

I am not licensed in SC, but I suspect that as soon as he failed to make one full payment of $200, forclosure became legal.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Can a grandchild receive a deed to her mother’s portion of the land without signatures from other children?
Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2020

Not sure of the question. But all heirs at law are needed to convey the property, unless there is a probated Will Devise to certain devisees. Each heir/ devisee can individually convey their interest. But it takes all interests to add up to a fee simple absolute title.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for South Carolina on
Q: Can an apartment refuse to accept my 60 days notice? They're telling me I have to pay 2 months rent up front first.
Ryan D Templeton
Ryan D Templeton answered on Sep 3, 2020

It really depends on what the lease says. I would recommend that you read your lease in its entirety and if are unsure contact an attorney near you to discuss your options.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for South Carolina on
Q: How to get a clean title?

7 adult siblings were deeded the home house (1/7th interest each). 2 have died with nothing to probate so probate was not filed for them.

Home house is now in foreclosure. Bank has approved short sale. 1 of the deceased (in 2016) has 2 heirs and the other deceased (in 2020) has 5 heirs.... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 19, 2020

A competent attorney can draft and record an Affidavit of Heirship which discloses to the world who the Heirs-At-Law are. I am not following your foreclosure process: are the Heirs selling the home with the money going to the Bank with no foreclosure? If true, then the Affidavit will be... Read more »

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