Common Ways to Hold Title to Real Estate
I can't count the number of closings I have attended when the matter of how to hold title comes as a surprise to the buyers. Even though I have previously advised the buyers to give the way they hold title careful consideration and seek the advice of a lawyer and accountant, many shrug it off and forget about it until the escrow officer asks them. Often they will say at this point, "So, how do most people hold title?"
There is really no standard way to hold title, and there are many options. For example, you might think joint tenancy is common, but in California, we have the option of holding title as joint tenants with right of survivorship, community property or community property with right of survivorship, all three of which are different . . . read more about Ways to Hold Title.
More Articles by Elizabeth Weintraub:
- Warranty Deeds, Grant Deeds and Quitclaim Deeds
- Holding Title as Tenants in Common
- Do You Need a Title Insurance Policy?
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Comments
In Oregon married couples take title as “tenants by the entirety”, which means they both own 100% of the property. Oregon is not a community property State like California. The next big issue will be the definition of ‘married’. In Oregon gay marriage is legal, and California it is not.