METHODS OF HOLDING TITLE
There are several ways to hold title to real property, either as sole ownership or as co-ownership. The discussion herein is directed specifically to holding title to real property in California, and is not meant to be legal advice of any type. The method of holding title on a new deed prepared by us is solely up to the new owner or owners of the real property.
As A Single Man or A Single Woman
This is appropriate when a man or woman has never been married.
As An Unmarried Man or An Unmarried Woman
This is appropriate when a man or woman has previously been married, but is now not married, either through a divorce or through the death of a spouse.
A Married Man or A Married Woman as His or Her Sole and Separate Property
This is appropriate when a married man or married woman wishes to hold title to real property in his or her name alone. It is required that the deeding spouse must consent to the benefiting spouse's sole ownership by a quitclaim deed or other method.
As Joint Tenants
This is available when two or more persons wish to own property in equal shares with a right of survivorship. When a Joint Tenant dies, the surviving Joint Tenants inherit the decedent's share of the property in equal amounts by operation of law. Title held in this manner supercedes the operation of a Will.
As Community Property
This is available when a married couple wishes to own property in equal shares. Each spouse owns one-half of the property. Each spouse may leave his or her half of the property to anyone. If there is no estate planning instrument by the deceased spouse to the contrary, the surviving spouse inherits the deceased spouse's share.
As Community Property with Right of Survivorship This is available when a married couple wishes to own property in equal shares with a right of survivorship. When one spouse dies, the surviving spouse inherits the entire property by operation of law. Title held in this manner supercedes the operation of a Will.
As Tenants in Common
This is available when two or more persons wish to own property as undivided, separate share amounts, either in equal or unequal shares. Each tenant owns his or her share of the property separately, and may sell, lease, or will their share of the property belonging to him or her.
Valley Legal Documents LLC
Ph: (408) 892-4613
Ph: (310) 876-1085
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e-mail: deborah@valleylegaldocuments.com
Disclaimer: Valley Legal Documents LLC is not a law firm. We are not lawyers. We cannot select legal forms for you. We cannot provide legal advice or represent our customers in Court. Valley Legal Documents LLC can only provide self-help services at your specific direction.