Unless specified otherwise in a deed, how is ownership of land by a married couple assumed in South Dakota?

In South Dakota, when a married couple acquires ownership of land without any specific instructions in the deed, the default assumption is tenancy in common. This means that each spouse holds an undivided interest in the property, but those interests are not necessarily equal and can be treated independently in terms of transfer or inheritance.

Tenancy in common allows for more flexibility than some other forms of ownership. For example, either spouse can sell or transfer their share of the property without needing the consent of the other, which is beneficial in certain situations. Additionally, if one spouse passes away, their share of the property will be transferred according to their will or, if no will exists, according to the laws of intestacy, rather than automatically passing to the surviving spouse.

By contrast, joint tenancy typically includes the right of survivorship, meaning that if one owner dies, their interest automatically transfers to the other joint tenant. Tenancy by the entireties is a specific form of joint ownership for married couples that also includes the right of survivorship but is not the default assumption in South Dakota unless specifically stipulated in the deed. Sole ownership refers to ownership by a single individual and does not apply when a property is owned by a couple. Therefore, understanding these distinctions clarifies