These are the four most common ways you can hold title for a property.
Today we’re discussing the common ways of holding title, otherwise known as “vesting” on the grant deed. The most common way to hold title is as an unmarried party. The second most common is joint tenancy through marriage or joint community property with rights of survivorship, which means the title is split evenly between the spouses. This assumes the right of survivorship, meaning that if one spouse passes away, the split title completely passes to the surviving spouse.
There’s also joint tenancy by itself, which simply means title is split 50/50. Finally, there’s tenancy in common, which is when different percentages of title are assigned to different tenants on the property. You can also take title as a corporation or LLC by assigning it from the transfer owner, which is frequently the seller.
“The most common way to hold title is as an unmarried party.”
If you’re in the real estate field, you should advise your buyer clients that the most secure way to hold a property is to get a trust. A trust will identify if you want percentages, who you want your heirs to be, and who gets what from your estate. Plus, your property can be divided however you like. You get to write the playbook for how things will go when you’re no longer there and actively have a voice. A trust also protects you if you have multiple entities; if you hold properties in a trust, they’re protected if anything happens to you. We can put you in contact with trust attorneys who can explain the benefits of a trust, tax shelter, and any relief you can get, as well as the tax ramifications for each way of holding title.
Call, text, or email us if you have more questions about holding title or trusts. We can get into all the details with you. We look forward to hearing from you soon.