Difference between revisions of "Tenancies in South Carolina"
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=Joint Tenants with Right of Survivorship = | =Joint Tenants with Right of Survivorship = | ||
==Creation== | ==Creation== | ||
| − | *SC Code of Laws Section 27-7-40 | + | *SC Code of Laws Section 27-7-40 "as joint tenants with rights of survivorship, and not as tenants in common" |
| − | *Smith V. Cutler [https://www.sccourts.org/opinions/displayOpinion.cfm?caseNo=26085] | + | *Smith V. Cutler [https://www.sccourts.org/opinions/displayOpinion.cfm?caseNo=26085] “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= | =Tenancy in Common= | ||
Default, presumed if JTROS is not delineated | Default, presumed if JTROS is not delineated | ||
Revision as of 14:01, 12 July 2018
Contents
Tenancy by the Entirety
Not recognized in South Carolina
Joint Tenants with Right of Survivorship
Creation
- SC Code of Laws Section 27-7-40 "as joint tenants with rights of survivorship, and not as tenants in common"
- Smith V. Cutler [1] “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
