What if my ex won't agree to sell the house in Summerville?

If you own a house in Summerville, SC and you are dealing with divorce, this page covers what actually happens next — the local timeline, what it costs, and the options that stay open to you. Everything below is specific to Summerville and how sales are handled in SC, not generic national advice.

Direct Answer If your ex-spouse refuses to sell the house in Summerville, you can ask the South Carolina Family Court to step in. South Carolina follows a system called equitable distribution, which means a judge has the power to order the sale of the home so the equity can be split fairly between you both. You do not need your spouse's permission to move forward with a court-ordered sale if the property is considered marital assets. ## Key Details Navigating a house sale during a divorce in the Lowcountry can be a long and emotional process. In South Carolina, the court does not automatically split everything 50/50. Instead, they look for a fair or 'equitable' way to divide your lives. The first thing to understand is the difference between marital and non-marital property. If the house was bought during the marriage with money earned while you were together, it is almost always marital property. Even if only one person's name is on the deed, the other person likely has a legal interest in the home's value. Sometimes, a house owned before the marriage can become marital property through a process called 'transmutation.' This happens if the couple used the house as their main home, paid the mortgage with joint funds, or did major repairs together. If the court decides the house is a marital asset and you cannot agree on what to do with it, the judge usually has three options: they can let one person stay in the house and pay the other for their share, they can give the house to one person and give other assets (like retirement accounts) to the other, or they can order the house to be sold. If neither of you can afford to buy the other person out or if you both want to sell but cannot agree on the price, the court will likely order a sale. In these cases, a judge can appoint a specific real estate agent or even order a public sale to ensure the property is sold and the proceeds are divided correctly. This is often the last resort when communication breaks down completely. ## SC-Specific Laws South Carolina law is very specific about how property is handled. Under South Carolina Code Section 20-3-620, the court must consider 15 different factors to decide who gets what. These factors include how long you were married, each person's health and age, and how much each person contributed to the home. The court also considers 'marital misconduct' if it affected the couple's money, such as if one person spent marital funds on an affair. Another important law is South Carolina Code Section 20-3-30, which sets the residency requirements. To file for divorce in the state, you must have lived here for at least one year. However, if both you and your spouse are current South Carolina residents, that time requirement is reduced to only three months. Most people in Summerville file for a 'no-fault' divorce, which requires living 'separate and apart' for one full year under SC Code Section 20-3-10(5) before the divorce can be finalized. During this year of waiting, you can ask for a 'pendente lite' hearing. This is a temporary hearing where a judge can decide who gets to live in the house and who pays the mortgage while the divorce is pending. If you are not filing for divorce but simply own property together as 'tenants in common' or 'joint tenants,' you can file a 'Partition Action' under South Carolina Code Title 15, Chapter 61. This is a separate kind of lawsuit where a judge can force the sale of any land or home that two people own together when they can no longer agree. ## Summerville Local Context Summerville is unique because it sits in three different counties: Dorchester, Berkeley, and Charleston. Most residents fall within Dorchester County. If you live in the Dorchester portion, your case will be heard at the Dorchester County Family Court, typically located in St. George, though there are administrative offices in Summerville. One of the most important local rules for the Lowcountry is mandatory mediation. Under the South Carolina Alternative Dispute Resolution (ADR) Rules, almost all contested family court cases in Dorchester, Berkeley, and Charleston counties must go through mediation before a judge will even hear the case. Mediation is a meeting where you, your ex, and a neutral third party (the mediator) try to reach a deal. This is often the best time to settle the house issue. If you can agree to sell during mediation, you save thousands of dollars in legal fees and avoid having a judge make the final choice for you. The filing fee for a divorce in South Carolina is currently $150, which is uniform across the state, but you should also budget for service of process fees and the cost of a professional home appraisal. ## What You Can Do Right Now If you are ready to move forward, start with these practical steps. First, get a professional appraisal. You cannot argue about the house value without a real number from a licensed expert. Second, gather your documents. Find your original deed, the most recent mortgage statement, and any receipts for major home improvements like a new roof or HVAC system. Third, talk to a local family law attorney who understands the Dorchester County court system. They can help you file for a temporary hearing to address who pays the mortgage and who stays in the home while the case moves forward. Finally, prepare for mediation. Since it is required in the Summerville area, start thinking about your 'bottom line'—the lowest price you are willing to accept for the house and how you want to split the profit. Being prepared for mediation gives you more control over the outcome than waiting for a trial.