A South Carolina real estate licensee is advising a buyer about the characteristics of tenancy in common. Which of the following is NOT a characteristic of tenancy in common under South Carolina law?
Correct Answer
C) Upon the death of a co-tenant, that interest automatically passes to the surviving co-tenants
The automatic passing of a deceased co-tenant's interest to surviving co-tenants upon death — the right of survivorship — is NOT a characteristic of tenancy in common. This is the defining feature of joint tenancy, not tenancy in common. In a tenancy in common, when a co-tenant dies, that co-tenant's interest passes through their estate (by will or intestate succession) to their heirs or devisees, NOT automatically to the surviving co-tenants. This is one of the most important distinctions between joint tenancy and tenancy in common under South Carolina law.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
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