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 [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