How to Hold a Title
A title provides proof of ownership on a property, in addition to a physical description of the property. It will also have any liens that are on the property in certain situations. There are four different ways that you can hold a title.
There are a few ways that you can hold a sole ownership title. They are:
- If you are an unmarried man or woman, your title should read single man or single woman
- If you are a man or woman who has been married but is now legally divorced, your title should read unmarried man or unmarried woman
- If you are married but wish to be the sole person on a title, your spouse needs to consent and relinquish all rights. Your title should ready a married man/woman, as his/her sole and separate property
There are two main forms of joint tenancy. They are:
- Community property. Under community property, a property is acquired by either the husband and wife during the marriage. The property can be received through a gift, devise and descent, by bequest to them, or as a separate property of either. Either spouse can have the right to dispose of their half of the property or will it to another person.
- Traditional Joint Tenancy. A traditional joint tenancy occurs when there is a joint and equal interest in land owned by two or more individuals. This is created under a single instrument with the right of survivorship. Under traditional joint tenancy, your title will read joint tenants.
Tenancy in Common
Similar to joint tenancy, tenancy in common occurs when co-owners have an undivided interest or have equal rights to the property. However, where is differs is that tenants in common hold title individually for their share of the property. Additionally, there is no right of survivorship and no other tenants can receive a person’s share of the property. Instead, the property goes to the owner’s heirs. If you choose to have a tenancy in common, your title would read tenants in common.
A living trust holds legal title to the real estate. A trustee holds the title for the trustor or beneficiary, while they retain all management rights and responsibilities.