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In the state of South Carolina, a deed recording fee is required when a property changes ownership. This is charged by the state for entering the transfer ownership change into public records. It is customary for the seller of the property to pay all real estate transfer taxes in South Carolina.
To add a name to your property you must sign a new deed conveying interest to an individual. To take someone's name off property they must sign a new deed conveying their interest to someone else.
If you pass without a will, South Carolina intestacy laws decide how your property is distributed. The distribution depends on whether you are married and how many surviving family members you have. If you have a spouse and no children, your spouse will inherit your entire estate.
In Community Property States In a community property state ? let's say California ? your ownership rights are automatic for a house acquired during your marriage. Your home is equally shared between you, fifty-fifty ? no matter how it's titled. You can change this only by giving up your rights in the home.
In an ?equitable division state,? such as South Carolina, most of the marital property is considered the ?separate property? of the spouses. It does not matter who the property is titled or deeded to or whose name an account is in. All that matters is whether the property is marital or non-marital.
South Carolina does not recognize community property, homestead, or dower and curtesy. This means that spouses can buy, sell, or own property without the involvement of the non-owner spouse. South Carolina recognizes joint tenancy with right of survivorship as a common form of joint ownership for non-spouses.
The new owner or other person requesting recording must present to the register of deeds a completed affidavit for taxable or exempt transfers when filing a South Carolina deed. The affidavit calculates the deed recording fee?attesting to the property's value or the reason the deed is tax-exempt.
Also known as a mineral estate, mineral rights are just what their name implies: The right of the owner to utilize minerals found below the surface of property. Besides minerals, these rights can apply to oil and gas. Interestingly, mineral rights can be separate from actual land ownership.