Tenancies in South Carolina

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"

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