Difference between revisions of "Tenancies in South Carolina"
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| − | =Tenancy by the Entirety= | + | ==Overview== |
| + | |||
| + | ==Tenancy by the Entirety== | ||
Not recognized in South Carolina | Not recognized in South Carolina | ||
| − | =Joint | + | |
| − | ==Creation== | + | ===Creation Language=== |
| − | *SC Code of Laws Section 27-7-40 "as joint tenants with rights of survivorship, and not as tenants in common" | + | |
| − | * | + | ==Joint Tenancy with Right of Survivorship== |
| + | |||
| + | ===Creation Language=== | ||
| + | *SC Code of Laws Section 27-7-40 "as joint tenants with rights of survivorship, and not as tenants in common" | ||
| + | |||
| + | OR | ||
| + | |||
| + | *[https://www.sccourts.org/opinions/displayOpinion.cfm?caseNo=26085 Smith V. Cutler ] “for and during their joint lives and upon the death of either of them, then to the survivor of them, his or her heirs and assigns forever in fee simple․” | ||
**this is an unseverable joint tenancy and requires both joint tenants to sign | **this is an unseverable joint tenancy and requires both joint tenants to sign | ||
| − | =Tenancy in Common= | + | ==Tenancy in Common== |
Default, presumed if JTROS is not delineated | Default, presumed if JTROS is not delineated | ||
| + | |||
| + | ==Cross-References== | ||
| + | * [[South Carolina]] | ||
| + | * [[Tenancies]] | ||
Latest revision as of 18:20, 15 July 2018
Contents
Overview
Tenancy by the Entirety
Not recognized in South Carolina
Creation Language
Joint Tenancy with Right of Survivorship
Creation Language
- SC Code of Laws Section 27-7-40 "as joint tenants with rights of survivorship, and not as tenants in common"
OR
- Smith V. Cutler “for and during their joint lives and upon the death of either of them, then to the survivor of them, his or her heirs and assigns forever in fee simple․”
- this is an unseverable joint tenancy and requires both joint tenants to sign
Tenancy in Common
Default, presumed if JTROS is not delineated
