AboutSharon Wilkerson Expertise I can answer questions on residential real estate whether they concern buying or selling, 1031 exchanges, or investment property/vacation property. I can answer some questions on South Carolina law concerning the aforementioned property type sales. I cannot answer questions concerning commercial property.
Experience I am a realtor in the Charleston, SC, area which is an historic seaport town on the coast located between Myrtle Beach and Hilton Head. I have serviced both buyers and sellers from those looking to purchase their very first home to those looking for a place to retire. I have a network of realtors around the South Carolina area with whom I am in touch concerning the South Carolina real estate market.
Organizations The Charleston Tri-county Association of Realtors; The South Carolina Association of Realtors, The National Association of Realtors; Women at Work; The National Conservancy; Daughters of the American Revolution
Education/Credentials BA degree in Business and BA degree in Theatre Arts
Expert: Sharon Wilkerson Date: 10/31/2007 Subject: south carolina deed laws
Question Our deceased father has a piece of property in south carolina that he shared with his wife. In the deed there is no mention of shared tenancy, joint tenancy or tenancy in common. If there is not mention does it automatically fall under tenancy in common?
Answer The South Carolina code on Tenancy can be found at http://www.scstatehouse.net/CODE/t27c007.htm (see section 27-7-40 (a)(i). I am not a lawyer and I do encourage you to seek the advice of a SC real estate attorney. I will be glad to e-mail you references if you like.
It all boils down to whether or not your father left a will, what that will says, and the wording on the deed. A lawyer will want to read both of those documents before giving an opinion. My understanding is, and again I am not a lawyer, is that in South Carolina a spouse's share of community property passes to the surviving spouse.
Let me know if you need those references.
Sharon Wilkerson, REALTOR
Prudential Carolina Real Estate
Charleston, SC
www.SharonWilkerson.com
