Difference between revisions of "Tenancies in South Carolina"
From WFG Wiki
(→Creation) |
(→Creation) |
||
| Line 4: | Line 4: | ||
==Creation== | ==Creation== | ||
*SC Code of Laws Section 27-7-40 "as joint tenants with rights of survivorship, and not as tenants in common" | *SC Code of Laws Section 27-7-40 "as joint tenants with rights of survivorship, and not as tenants in common" | ||
| + | |||
OR | OR | ||
| + | |||
*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․” | *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 | **this is an unseverable joint tenancy and requires both joint tenants to sign | ||
Revision as of 15:02, 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"
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
