Smith v. Rucker
South Carolina Court of Appeals
593 S.E.2d 497 (2004)
Relevant factsFree
Rucker (defendant) deeded a one-half interest in her property to her new husband, Smith (plaintiff), and the deed expressly created rights of survivorship without explicitly labeling the resulting estate as a joint tenancy; Smith's son sought partition on Smith's behalf, and the equitable master found a joint tenancy subject to partition, prompting Rucker's appeal arguing the deed created an indestructible tenancy in common.
IssueFree
Whether a document creates a joint tenancy if the parties have the same interest, created by the same conveyance, beginning at the same time, and the parties hold the property in undivided possession.