3 Major Forms of Ownership for Real Property in South Carolina

When purchasing or inheriting real estate in South Carolina, the way your property is titled matters. Whether you own a vacation home in Myrtle Beach, an investment property in North Myrtle Beach, or a family residence in Litchfield, the form of ownership determines your rights during life and what happens when an owner passes away.

At McCutchen Vaught Geddie & Hucks, P.A., our South Carolina real estate attorneys help clients throughout the Grand Strand understand the different types of property ownership so they can make informed decisions. Here are the three major forms of ownership for real property in South Carolina you need to know.

1. Tenants in Common in South Carolina

A tenants in common deed is one of the most common ways people hold property in South Carolina:

  • Owners do not need to hold equal shares. One person may own 25% while another owns 75%.

  • Each owner can sell, transfer, or gift their share independently.

  • If an owner passes away, their portion becomes part of their estate. The transfer happens through probate and follows their will or South Carolina intestacy laws if there is no will.

Key takeaway: Tenants in common provide flexibility, but they do not avoid probate. For many Myrtle Beach property owners, this is not the best option if they want to ensure seamless transfer of ownership.

2. Joint Tenants with Right of Survivorship

Joint tenancy with right of survivorship (JTWROS) is often used by married couples and family members in South Carolina.

  • Ownership shares must be equal (50/50, for example).

  • Either party can sell their share, but doing so terminates the survivorship benefit.

  • When one owner dies, their share automatically passes to the surviving owner—no probate required. The transfer is completed by filing a death certificate with the county Register of Deeds.

Key takeaway: Joint tenancy with right of survivorship is popular for South Carolina real estate owners who want to avoid probate and ensure automatic transfer to a surviving spouse or co-owner.

3. Tenants in Common with Right of Survivorship

Unique to South Carolina, tenants in common with right of survivorship is a hybrid between tenants in common and joint tenancy.

  • Owners do not have to hold equal interests.

  • Both owners must consent to transfer or sell—one owner cannot act alone.

  • If one owner passes away, their share transfers directly to the surviving owner without probate.

  • Unlike other ownership types, property held this way cannot be partitioned by court order. That means one owner cannot force a sale of the property against the other’s wishes.

Key takeaway: This option is often used by married couples in South Carolina, particularly because it offers extra protection from creditors. For example, if a creditor attempts to force a sale of one spouse’s share, they cannot do so through partition.

Why Choosing the Right Deed Matters in South Carolina

In South Carolina, spouses do not automatically inherit each other’s ownership interest in real estate unless the deed specifies survivorship. This can surprise many property owners who have previously lived in other states with different laws.

The right form of ownership can:

  • Determine whether your property avoids probate.

  • Protect against creditor claims.

  • Control whether co-owners can force a sale.

  • Ensure your property passes to the person you intend.

Beyond these three forms of ownership, South Carolina real estate can also be titled in a trust, LLC, corporation, or partnership, each with its own benefits and complexities.

Work with Experienced Myrtle Beach Real Estate Attorneys

If you own property in Myrtle Beach, North Myrtle Beach, Litchfield, or anywhere in South Carolina, the form of ownership you choose has lasting legal and financial consequences. At McCutchen Vaught Geddie & Hucks, P.A., our real estate lawyers help clients understand their options and secure their property interests.

With offices conveniently located in Myrtle Beach, North Myrtle Beach, and Litchfield, we serve clients throughout the South Carolina coast.

Contact us today to schedule a consultation with our South Carolina real estate attorneys. Let us help you choose the best property ownership strategy for your needs.