Kevin and Sandra are married and own their home in Yankton, South Dakota. They want to ensure that if either of them dies, the surviving spouse will own the property outright without going through probate. Their attorney advises them that South Dakota does not recognize tenancy by the entirety. Which form of ownership should they use to best achieve their goal?
Correct Answer
C) Joint tenancy with right of survivorship, expressly stated in the deed.
South Dakota does not recognize tenancy by the entirety or community property. However, SDCL 43-2-12 allows married couples to hold property as joint tenants with the right of survivorship, provided the deed expressly states this intent and the four unities are satisfied. Upon the death of one spouse, the surviving spouse automatically becomes the sole owner without probate, which is exactly the goal Kevin and Sandra want to achieve.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
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