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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42326
Experience:  Texas Attorney for 30 years dealing in real estate
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Iam division of property in Horry county SC. we have

Customer Question

Iam for a division of property in Horry county SC. we have completed the case and the probate Judge have a court order Deed of Distribution signed by the clerk of court in Horry county, filed in Conway SC deed of records,
Iam in need of a partition to divide my share of property, what are the process of filing a partition, can I file a partition my self. the Judge have court order deeds on record in the court house, all that's left to do is to divide where each heirs piece of property is located how can I get this accomplished.
Thanks Patsy
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

You can do your own Deed of Distribution, here are the forms.

http://www.sccourts.org/forms/pdf/400es.pdf

As far as your share here, you need a surveyor to mark the divided property and then give you the legal description.Once you have that you are free to quit claim all or part of your divided share to others.But the Deed of Distribution filed first dividing it, then a survey if you are wanting to divide them your share of land so you have good description of what you are then going to transfer to others..

I appreciate the chance to help you today.Thanks again

Customer: replied 1 year ago.
Ray Iam not clear on your answer about filing for deed to claim my part of the heir’s property you stated that I can do my own deed of distribution where will I find the form to do this. Will the courts determine where each heirs lot is located on the property or can I just survey my 2 acres out any place back or front of the tract, will the courts says where and heir cuts out his part from, front or back of property. Do the courts declares where each heirs lot is located on the parcel
Expert:  Ray replied 1 year ago.

The court here if they are going to divide it may require it to be surveyed so that each parcel has a legal description.In that case once survey is done then the deed of distribution is completed and filed.Then once this is done if you want to divide your interest separate quit claim deeds from you would be necessary to do so.And you may need a second survey or at least a legal description here to do the quit claim and complete it.

You can do your own Deed of Distribution, here are the forms.

http://www.sccourts.org/forms/pdf/400es.pdf

I would consider having a local lawyer here or title company do this and work with the surveyor.This can be pretty complicated and if you make an error it can be expensive to correct.

I wanted you to have all the forms so you could at least know what you are looking at here.

The judge would probably order a survey if there is a parceling of acreage here rather than say ordering a house sold.Anytime there is a parceling there would have to be a survey done with stakes and a meets and bounds type description..aka 33 acres more or less of the ***** ***** survey beginning at the west corner.....etc..

Customer: replied 1 year ago.
Thanks Ray so are you saying that i don't need to file a partition just file for a deed of distribution through the courts being that the judge have all ruled on what land each heirs gets just need to have lots cut up, can you direct me to and Attorney In SC that want charge me and arm and a leg to complete this property process, I have been rip of very bad by Attorneys
HELP Patsy
Expert:  Ray replied 1 year ago.

Yes it would be such a deed as pr the court''s orders in probate.

Here is probate lawyer by cities..

https://www.google.com/search?q=south+carolina+probate+lawyers&ie=utf-8&oe=utf-8&client=ubuntu&channel=fs&gws_rd=ssl

Thanks again for the chance to help today.