Zimmerman v. Marsh

I respectfully dissent. While the Zimmermans’ conduct may properly be characterized as acquisitive, they have done nothing illegal.

A joint tenant may compel partition. S.C.Code Ann. § 15-61-10 (2005). A court may order partition in kind, that is, divide the property among all the owners, or by allotment, that is, to “allot” a portion of the property to one of the owners, with the remainder held jointly by the other owners or sold with the proceeds divided among the owners,3 or by judicial sale of the entire parcel. S.C.Code Ann. § 15-61-50 (2005). The circuit court may, in some limited…