What rights does a long‑term, unmarried partner have to remain in the home and continue using jointly titled property when the other partner dies without a will? – South Carolina

Short Answer

In South Carolina, a long-term, unmarried partner generally has no automatic inheritance rights when the other partner dies without a will. Whether the surviving partner can remain in the home or keep using “jointly titled” property usually turns on how the home and assets are titled (for example, joint ownership with right of survivorship versus tenants in common). If survivorship language exists, the surviving co-owner often becomes the owner by operation of law; if not, the deceased partner’s share typically passes to legal heirs through probate.

Understanding the Problem

In South Carolina probate, the key question is: can a long-term, unmarried partner stay in a shared home and keep using property that is titled in both partners’ names after one partner dies without a will? The answer depends on whether the surviving partner is legally treated as a spouse and, separately, on what the deed, title, or account paperwork says about survivorship. The probate court’s role is to identify what belongs to the estate and who the legal heirs are under South Carolina’s intestacy rules.

Apply the Law

South Carolina’s intestate succession laws give inheritance rights to a surviving spouse and blood relatives (and certain descendants), not to an unmarried partner. That means an unmarried partner usually does not inherit the deceased partner’s probate property just because the relationship was long-term. However, many jointly held assets pass outside probate if the ownership form includes a right of survivorship (common with certain deeds, bank accounts, and some titled assets). In those cases, the surviving co-owner may become the owner automatically, and the asset is typically not controlled by the intestacy rules.

Key Requirements

Is there a legal spouse (including a proven common law spouse): Intestacy benefits (and spouse-only protections) generally require a surviving spouse status under South Carolina law.
How the home is titled: A deed that expressly creates a joint tenancy with right of survivorship can transfer the deceased owner’s interest to the surviving owner automatically; without survivorship language, the deceased owner’s share usually becomes part of the probate estate.
How the personal property is titled or registered: Joint accounts and certain registrations may include survivorship or payable-on-death features; if they do not, the deceased partner’s share may be treated as estate property and controlled by intestacy.

What the Statutes Say

S.C. Code Ann. § 62-2-101 (Intestate estate) – Property not disposed of by a will passes to heirs under South Carolina’s intestacy rules.
S.C. Code Ann. § 62-2-102 (Share of the spouse) – Sets the intestate share for a surviving spouse (an unmarried partner is not included).
S.C. Code Ann. § 62-2-103 (Share of heirs other than surviving spouse) – If there is no surviving spouse, the intestate estate passes to the decedent’s issue, parents, and other relatives in the statutory order.
S.C. Code Ann. § 27-7-40 (Joint tenancy with right of survivorship in real estate) – Explains how a deed can create survivorship rights in real estate and how the survivor can record proof of death with the Register of Deeds.
S.C. Code Ann. § 62-6-202 (Multiple-party accounts; right of survivorship) – Provides that, in many multiple-party accounts, sums on deposit belong to the surviving party or parties at death (subject to account terms and exceptions).
S.C. Code Ann. § 62-2-802 (Who counts as a “surviving spouse” for probate purposes) – Addresses when a person is not treated as a surviving spouse and includes timing rules for establishing a claimed common law marriage in probate.

Analysis

Apply the Rule to the Facts: With no will, an unmarried partner usually does not inherit the deceased partner’s probate assets under South Carolina intestacy statutes. If the home deed (or other title document) expressly includes “joint tenants with right of survivorship,” the surviving partner often becomes the owner of the deceased partner’s share automatically and can usually remain in the home as the owner. If the deed does not include survivorship language (for example, it is a tenancy in common), the deceased partner’s share typically passes to the decedent’s heirs through probate, and those heirs may have rights to seek sale, partition, or other relief.

Process & Timing

Who files: A family member, heir, or other interested person typically starts the probate case. Where: The South Carolina Probate Court in the county where the decedent lived. What: A request to open an intestate estate and appoint a personal representative (forms vary by county). When: As soon as practical after death, especially if bills, property access, or title transfers are time-sensitive.
Identify what is “estate” property versus “non-probate” property: The personal representative gathers information about deeds, vehicle titles, bank accounts, and beneficiary designations to determine what passes automatically (like survivorship assets) and what must be distributed under intestacy.
Transfer or confirm title: For survivorship real estate, the surviving owner commonly records proof of death with the Register of Deeds to update the public record. For estate-owned real estate, the personal representative may need probate court authority to transfer or sell, and heirs may need to cooperate (or litigate) if there is a dispute.

Exceptions & Pitfalls

Common law marriage issues: A surviving partner may have spouse rights only if a common law marriage existed and is properly established in time in the probate court process; otherwise, intestacy treats the survivor as a non-heir.
“Jointly titled” does not always mean survivorship: Many deeds create a tenancy in common unless survivorship is clearly stated. If it is a tenancy in common, the survivor owns only their share and may end up co-owning with the decedent’s heirs.
Access and use versus ownership: Even if the surviving partner has been paying expenses or living in the home, that alone usually does not create inheritance rights. Continued use of estate property can also create conflict with the personal representative or heirs if there is no written agreement.
Bank accounts and “convenience” arrangements: Some accounts are set up for bill-paying but are not intended as gifts. Disputes can arise if heirs claim the survivor was added only for convenience and not meant to receive the balance at death.

Conclusion

In South Carolina, a long-term, unmarried partner usually has no automatic right to inherit or stay in a home when the other partner dies without a will. The practical outcome often depends on title: survivorship ownership can transfer the deceased partner’s share automatically, while tenants-in-common ownership usually sends the deceased partner’s share into probate for distribution to legal heirs. A key next step is to confirm the deed and account titling and open the intestate estate in the county Probate Court promptly if estate property is involved.

Talk to a Probate Attorney

If a long-term partner has died without a will and there is uncertainty about staying in the home or using jointly titled property, a probate attorney can help sort out what passes by survivorship, what must go through probate, and what deadlines apply in the Probate Court.

Disclaimer: This article provides general information about South Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed South Carolina attorney.