February 22nd, 2017 11:38 AM by Tenby Dahman
There are different ways to hold title to real property, and each method has its advantages and disadvantages. With each example, I suggest that you contact an attorney or your estate planner to make sure that the way you hold title is appropriate for you and your family.
Joint Tenancy with Rights of Survivorship: Joint tenancy with rights of survivorship is when two or more people hold title to real estate jointly, with equal rights to enjoy the property while still alive. In the event of death of either party, the ownership rights pass on to the survivors.
Tenancy in Common: Tenancy in common is when two or more people hold title jointly, with equal rights to enjoy the property during their lifetime. However, it’s different from “joint tenancy”: tenants in common hold title “individually” for their respective “part” of the property. For example, three people could hold title, with one person having 50% ownership and the other two 25% each. Each person can sell their portion of ownership or will their percentage to another person upon their death.
Tenants By Entirety: Tenants by entirety is ownership “assumption” that a husband and wife are one person for legal purposes and convey ownership as one person. This method can only be used when owners are legally married.
Sole Ownership: Sole ownership can be held by an individual person or an “entity,” like a corporation or a trust. The most common are single men or single women who buy real estate. However, a married person may want to hold title alone (without their spouse). In this situation, a title company or the laws of your state may require the spouse who will not take title to acknowledge that they know the other person is buying real estate and they do not want to be on title.