Tenancies in South Carolina

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Revision as of 15:01, 12 July 2018 by Clintyarborough (talk | contribs) (Creation)

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