How does joint tenancy with right of survivorship work in South Dakota?

In South Dakota, an interest created in favor of several people in their own right is an interest in common unless they acquired it in partnership or it is declared in its creation to be a joint interest, which a deed does by expressly declaring a joint tenancy or by describing the grantees or wording the habendum clause to show that intent. A deed from a husband to a wife, or a wife to a husband, that by its terms shows the grantor’s intent to create a joint tenancy between them creates one. A deed to two or more grantees, including one in which a grantor is also a grantee, creates a joint tenancy when the way the grantees are described or the habendum clause shows that intent. The words in the deed decide which kind of ownership was created, so read the deed itself. This is SDCL §§ 43-2-17, 43-2-12, 43-2-13, 43-2-14.

WhatSouth Dakota
A deed to two or more peopleInterest in common unless declared a joint interest
What it meansTenancy in common unless the deed declares survivorship

Source

SDCL §§ 43-2-17, 43-2-12, 43-2-13, 43-2-14

Read the statute in the South Dakota Codified Laws (South Dakota Legislature): sdlegislature.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.

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