Full question:
What are the pros and cons of Joint Tenants in Common and Joint Tenants With Right of Survivorship in South Carolina?
- Category: Real Property
- Date:
- State: South Carolina
Answer:
Tenants in common: This form of ownership allows two or more people to hold title to property, and they can own unequal shares. For instance, one owner might have one-third, while another has two-thirds. Each tenant has an undivided interest in the property, meaning they cannot divide it into specific areas without a written agreement. Any tenant can sell their interest to someone else without needing approval from the others. When a tenant dies, their share goes to the person they designate in their will or to their heirs if there is no will.
Joint tenants: This is a common ownership structure for married couples, but it can also include non-married individuals. The key feature of joint tenancy is the automatic right of survivorship. If one joint tenant dies, their share automatically transfers to the surviving tenant(s), regardless of what their will states.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.