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Elizabeth Weintraub

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By Elizabeth Weintraub, About.com Guide to Home Buying / Selling

Common Ways to Hold Title to Real Estate

Wednesday November 19, 2008
Don't wait until the last minute before you make a decision among the many ways to hold title.

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.

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Comments

November 19, 2008 at 5:11 pm
(1) Jolynne Ash says:

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.

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