Why use this legal form?
- To compel a buyout or voluntary sale of jointly owned property
- To motivate co-owners to reach a voluntary solution and avoid litigation
- To warn co-owners that you have the right to force a sale via partition action if no voluntary agreement can be reached
Before filing a partition action, use this letter to convince your co-owners that a voluntary sale or buyout would be ideal. Based on South Carolina law, you can compel a forced sale of jointly owned property via partition action. However, the co-owners are generally better off with a voluntary sale or buyout agreement outside of court. Use this letter to explain your partition rights and motivate a voluntary solution.
- This is a Word download, so you can customize the letter to your situation as necessary.
- This is a legal Product, not a legal Service. See our Terms & Conditions on the difference between a legal Product and a legal Service.
Are the co-owners married?
If you are married to the co-owner, this legal form may not apply to your situation in the same way. State family laws and divorce laws might control the jointly owned property, rather than partition law. Sometimes, partition is still available to divorced couples who remain as joint owners (even then, the divorce decree may impact your partition rights). But if you are currently married, you may be prevented from partitioning the property. In that case, contact an attorney.
Should you hire an attorney or use this legal template?
This legal template is not the same as hiring an attorney, and in some cases, you should hire an attorney. That is 100% your decision.
But here are some reasons why you might want to use this legal template:
- Pay a small fraction of what you would pay an attorney
- Stay in control of the negotiation process
- Avoid threatening your co-owners with a lawyer unless absolutely necessary
- Get started immediately rather than waiting on an attorney
- Attempt to resolve the situation outside of court (and hire an attorney for court only if necessary)
Maybe you want to save money, or maybe you just prefer to handle this legal matter directly. Either way, we respect your decision about when to hire an attorney and when to use legal tools directly. That said, sometimes an attorney is necessary. If you decide you need legal advice, contact our attorneys. We can either represent you or help you find an appropriate attorney. Keep in mind that we charge separately for legal services, including any advice about how to use or interpret products purchased from our firm.
What’s included in this letter template?
- The introduction identifies the jointly owned property and owners (you’ll add the property description and owner names).
- The letter proposes three ways to end the co-ownership relationship: a buyout, a voluntary sale, or a forced sale.
- The letter explains that you have the right to force a sale via partition action, citing to the relevant law.
- The letter ends by attempting to persuade your co-owners that voluntary sale or a voluntary buyout would be better than a forced sale.
- You can customize the letter to emphasize either a voluntary sale or a buyout.
- The letter breaks down each option clearly, in a persuasive manner designed to motivate all owners toward a voluntary solution.
- The letter sets the stage for you to file a partition action if no voluntary solution can be reached.
Who is this letter for?
- This legal form can be used by either attorneys or non-attorneys.
- At minimum, you need to be capable of editing and printing Word documents to use this letter.
- This template is for a co-owner of jointly owned property seeking to accomplish a sale, buyout, or forced sale of the property.
What if I have questions about the form?
We answer technical support questions for free (problems with payment or the download process). But if you need legal advice about how to use this form, how to interpret this form, or how to resolve your joint ownership issues, then you will need to hire an attorney. In that case, send us a message, and we can either represent you or refer you to an appropriate attorney.