| How
To Hold Title
Title to real property may be held by a single individual
or entity, known as Sole and/or Separate Ownership,
or by two or more individuals and/or entities known
as Co-Ownership. Following is a brief list of common
ways to hold title (Ownership and tenure of title varies
by state - Remember, it is important to distinguish
the proper way to hold title to your property. You may
want to consult with your Attorney or Tax Advisor for
what form suits your particular circumstance and needs).
Sole and/or Separate Ownership Where
an individual or entity is the sole and/or separate
owner of the realty.
- A Single
Individual:
A single individual who has not been legally married
or registered as a Domestic Partner.
- An Unmarried
Man or Unmarried Woman:
A man or woman who was previously married and is now
legally divorced.
- A Married
Man or Married Woman, or Registered Domestic Partner
as his/her Sole and Separate Property:
A married man or woman who is either married or a
Registered Domestic Partner who will hold title without
a spouse or Registered Domestic Partner (The title
company insuring title may specifically require the
excluded spouse or Registered Domestic Partner to
relinquish his or her right, title and interest to
the realty by recorded quitclaim deed or other recorded
instrument).
Co-Ownership
Where two or more individuals or entities
are the owners of the realty
-
Community
Property
A form of Co-Ownership by a legally married husband
and wife.
-
Community
Property with Rights of Survivorship:
A form of Co-Ownership by a legally married husband
and wife which includes the benefits of community
property and that of joint tenancy.
-
Joint Tenancy:
A form of Co-Ownership by two or more individuals
(none of which can be a Corporation, Partnership,
Limited Liability Company or Trustees of a Trust)
held in equal shares, by a title created by a single
transfer, when expressly declared to be a joint
tenancy. On the death of one Co-Tenant the survivor
or survivors take no new title but hold the entire
estate under the original transfer, if the joint
tenancy has not been legally broken.
- Tenancy in
Common:
A form of Co-Ownership with two or more individuals
or entities. The interest of each individual or entity
may or may not be stated and may not be equal. A Tenant
in Common has the right to deal with its interest
as it sees fit - sell, hypothecate, lease, gift, etc.
Other Forms of Ownership
Entities created under state law, such as:
- Corporation:
An artificial entity created under the authority of
the laws of a state usually regarded separate from
its shareholders.
- Partnership:
An artificial entity created under the authority of
the laws of a state as an association of two or more
individuals or entities to carry on, as co-owners,
a business for profit.
- Limited Liability
Compa nies (L .L.C.):
An artificial entity created
under the authority of the laws of a state and can
be considered a hybrid of
a corporation and partnership.
- Trust:
A confidence in one person to hold and administer
for the benefit of another. The legal title to realty
is held by the Trustee who manages the realty for
the benefit of the Beneficiary pursuant to the terms
and conditions of the Trust Agreement.
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