How does joint tenancy with right of survivorship work in South Carolina?
In South Carolina, a joint tenant’s death severs the joint tenancy and the real property passes as a tenancy in common unless the instrument creating the joint tenancy expressly provides for a right of survivorship. The words "as joint tenants with right of survivorship and not as tenants in common" after the grantees’ names conclusively create the right of survivorship, and a person may convey to himself and others with that right. A joint tenancy held by a husband and wife with no other joint tenants is severed when an order or decree dissolving the marriage is filed, leaving them tenants in common. The joint tenancy statute says nothing in it creates a tenancy by the entireties. The words in the deed decide which kind of ownership was created, so read the deed itself. This is S.C. Code §§ 62-2-804, 27-7-40.
| What | South Carolina |
|---|---|
| A deed to two or more people | Survivorship only if the deed expressly provides it |
| What it means | Survivorship only where a written agreement says so |
Source
S.C. Code §§ 62-2-804, 27-7-40
Read the statute in the South Carolina Code of Laws (South Carolina Legislature): scstatehouse.gov.
Checked against the statute on November 13, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
An owner on Seayora keeps each property’s owners of record, its entity and its documents in one place, so who holds title and how is on file beside the leases and the books.
Guides on this rule
- Joint Tenancy and Transfer-on-Death Deeds by State — How each state reads a deed to two or more people, survivorship rules, and where a transfer-on-death deed is allowed by statute.
Compare this rule in every state
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The same question in other states
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