Which form of ownership is NOT recognized under South Dakota law?

Prepare for the South Dakota Real Estate Test. Ace your exam with flashcards and multiple choice questions. Each question is supported with hints and explanations to help you succeed!

Tenancy by the entireties is not recognized under South Dakota law. This form of ownership is typically available only to married couples and provides that both partners own the entire property equally. In the event of divorce or the death of one partner, the property would not automatically pass to the surviving spouse, as would occur in a joint tenancy with right of survivorship or in a tenancy in common arrangement.

South Dakota does recognize other forms of ownership, such as tenancy in common and joint tenancy with right of survivorship. Tenancy in common allows multiple owners to hold an interest in a property, where each owner can sell or transfer their interest independently. Joint tenancy with right of survivorship ensures that when one owner passes away, their share automatically goes to the surviving joint tenants, avoiding probate.

Sole ownership is also an accepted form where a single individual has complete control and ownership of the property, allowing for straightforward transfer or management. Understanding these distinctions is crucial for individuals navigating property ownership laws in South Dakota.

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