Smith v. Rucker
593 S.E.2d 497, 357 S.C. 532, 2004 S.C. App. LEXIS 15 (2004)
Rule of Law:
In South Carolina, a deed creates a joint tenancy with rights of survivorship, making the property subject to partition, when it satisfies the common law's four unities (interest, title, time, and possession) and unambiguously grants survivorship rights, particularly as courts favor property marketability over indestructible survivorship rights.
Facts:
- Ernest Smith and Joanne Rucker married in June 2000.
- On August 17, 2000, Joanne Rucker deeded Ernest Smith a one-half interest in her home and land.
- The deed's granting clause conveyed the property to Ernest Smith and Joanne Rucker 'for and during their joint lives and upon the death of either of them, then to the survivor of them, his or her heirs and assigns forever in fee simple, together with every contingent remainder and right of reversion.'
- The deed's habendum clause used similar language to describe the ownership and survivorship rights.
Procedural Posture:
- Ernest Smith filed a complaint in the court of common pleas seeking partition of the subject property.
- The case was referred to a master-in-equity.
- The master granted Ernest Smith’s motion for summary judgment, finding the parties owned the real property as joint tenants with rights of survivorship.
- The master held the property could be partitioned pursuant to section 15-61-10 of the South Carolina Code.
- Joanne Rucker appealed the master's decision.
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Issue:
Does a deed that satisfies the common law 'four unities' and unambiguously grants survivorship rights create a joint tenancy with rights of survivorship, thereby making the property subject to partition, even if it does not use the specific statutory language for joint tenancies?
Opinions:
Majority - Hearn, C.J.
Yes, a deed that satisfies the common law 'four unities' and unambiguously grants survivorship rights creates a joint tenancy with rights of survivorship, making the property subject to partition. The court found that the deed in question clearly and unambiguously granted survivorship rights and satisfied the four unities required for a common law joint tenancy: unity of interest, unity of title, unity of time, and unity of possession. Although Section 27-7-40 of the South Carolina Code provides specific language to establish a joint tenancy, it explicitly states this is 'in addition to any other methods' existing by law. While South Carolina courts generally favor tenancies in common over joint tenancies due to the harsh results of survivorship, this preference does not apply when a deed unequivocally grants survivorship rights, as construing it otherwise would lead to an indestructible survivorship right, rendering the land less marketable. The court distinguished Davis v. Davis, which involved a deed attempting to create a tenancy by the entirety after such estates were abolished, noting that the present deed did not purport to create such an estate but instead satisfied the common law requirements for a joint tenancy.
Concurring - Howard and Kittredge, JJ.
Justices Howard and Kittredge concurred with the majority opinion.
Analysis:
This case clarifies the interpretation of deeds attempting to create survivorship interests in South Carolina, reaffirming the vitality of the common law method for establishing joint tenancies with rights of survivorship. It highlights that the presence of the 'four unities' and unambiguous language granting survivorship will prevail, even without adherence to specific statutory phrasing. The decision reinforces the judiciary's preference for promoting property marketability and prevents the creation of indestructible survivorship rights that could hinder alienation. Future cases will likely rely on this framework when evaluating property ownership structures involving survivorship clauses.
