Vesting of your property title may seem like a minor decision now, but it has a needful result on your taxes, your inheritance, and your financial future. When purchasing or refinancing your property, you must conclude how you will hold title before escrow closes. Consult your attorney and accountant to recommend you.
Eight coarse ways to take title in California are listed below, compliments of First American Title insurance Co.
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Sole Ownership
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1. A singular Man / Woman - a person who has never been married.
2. An Unmarried Man / Woman - a previously-married person (now divorced or widowed).
3. A Married Man/Woman, as His/Her Sole and cut off Property - a married person who is acquiring title in his/her name only. Note: Due to society property laws in California, the spouse must consent by signing a "quitclaim" deed or "interspousal transfer".
Co-Ownership
4. Community Property - title held equally by husband and wife. Has some tax benefits, such as "step up" in value basis upon death of one spouse. Can be with or without right of survivorship.
5. Joint Tenancy - title held equally by any estimate of persons, including husband and wife. Owners have right of survivorship (upon death of one owner, the other owner inherits it all).
6. Tenancy in Common - title is held by any estimate of persons, including husband and wife, but ownership does not have to be equal. Note: Each owner's % of ownership must be stated.
7. Tenancy in Partnership - any estimate of partners.
8. Title retention Trust - owners can be individuals, groups of persons, partnerships, corporations, or a living trust.
Sometimes property buyers make a hasty decision when signing loan documents, or don't make any decision at all. Then they are surprised when their spouse dies, their spouse's children inherit half of the house, and want to sell - and now the surviving homeowner must move out of their home!
Be prepared by vesting your title with proper planning, and the advice of your attorney and accountant. If you cannot afford to hire an attorney right now, think enrolling in a pre-paid legal membership plan such as www.PrePaidLegal.com.
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