South Dakota Codified Laws 43-2-12. Joint tenancy interest–Title created by will or transfer
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A joint tenancy interest is one owned by several persons in equal shares, by a title created by a single will or transfer, when expressly declared in the will or transfer to be a joint tenancy, or when granted or devised to personal representatives or trustees as joint tenants.
Terms Used In South Dakota Codified Laws 43-2-12
- Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
Source: CivC 1877, § 176; CL 1887, § 2692; RCivC 1903, § 199; RC 1919, § 269; SDC 1939, § 51.0212; SL 1951, ch 255; SL 1995, ch 167, § 188.