Smith v. Rucker
South Carolina Court of Appeals
593 S.E.2d 497 (2004)
Joanne Rucker (defendant) deeded a one-half interest in her property to her new husband, Ernest Smith (plaintiff). The deed did not explicitly state that it was creating a joint tenancy, as opposed to a tenancy in common, but it did expressly create joint rights of survivorship. Smith’s son brought a partition action on Smith’s behalf. The equitable master held that the deed created a joint tenancy with rights of survivorship and was thus subject to partition upon the request of either owner. Rucker appealed, arguing that the deed created a tenancy in common, rendering the survivorship rights indestructible.
Rule of Law
Holding and Reasoning (Hearn, C.J.)
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