Full question:
My husband passed away August 2016 he and I name were on the title. I went to the DMV. However my sister in law took the car. How should I proceed?
- Category: Automobiles
- Subcategory: Ownership
- Date:
- State: South Carolina
Answer:
In South Carolina, the title to a vehicle can be titled to two persons as "OR" or "AND". For example you can title an automobile as "Jane Doe AND John Doe" or "Jane Doe OR John Doe."This is referred to as shared ownership. If "AND" is used the owners all own the vehicle together and it takes both signatures to convey or create a lien. If AND is used, only a probate court can transfer title.
If the title is OR, then this is considered joint tenancy with rights of survivorship in South Carolina. In this case when one owner dies the ownership becomes the sole property of the survivor. And to transfer title into your name alone all you need is the title and a death certificate. No estate is required.
Depending on how the title was on your automobile will dictate what you do. If OR it is yours. If AND it goes to probate Court. If the sister in law has the automobile wrongfully you can get it returned by either opening an estate or if the title was OR getting authorities to retrieve it for you if it was taken without your consent.
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.
