In South Carolina, two unmarried individuals purchase a property together. The deed is silent on the type of co-ownership. Under South Carolina law, what form of ownership is presumed?
Correct Answer
A) Tenancy in common
Under South Carolina law, when a deed is silent regarding the type of co-ownership, tenancy in common is the default presumption. S.C. Code Ann. § 27-7-40 provides that a conveyance to two or more persons is presumed to create a tenancy in common unless the deed expressly states that a joint tenancy with right of survivorship is intended. This means the parties must affirmatively elect joint tenancy by using specific language in the deed.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
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