Ways to Own Property in California
VESTING
Title to real property in California may be held by individuals, either in Sole Ownership or in Co-
Ownership. Co-Ownership of real property occurs when title is held by two or more persons. There
are several variations as to how title may be held in each type of ownership. The following brief
summaries reference eight of the more common examples of sole ownership and co-ownership.
A Single Man/Woman
A single or unmarried man or woman
Example: John Doe, an unmarried man
A Divorced Man/Woman
A man or woman, having been legally divorced
Example: Jane Doe, an unmarried woman
acquired by a married couple, or either spouse during marriage, otherwise than by gift,
bequest, devise, descent or as the separate
property of either, is presumed community
property
Example: John Doe and Mary Roe-Doe, husband and wife, as community property
Example: James Doe and George Roe, a married couple
Example: Jane Doe, a married woman
Tenancy in Common
Under tenancy in common, the co-owners own
undivided interests, but unlike joint tenancy, there
is no Right of Survivorship; each tenant owns an
interest which on his or her death vests in his or
her heirs or devisee
Example: John Doe, a single man as to an undivided 1/4th interest as tenants in common
A Married Man/Woman, as His/Her Sole & Separate Property:
When a married man or woman wishes to acquire
title as his/her sole and separate property, the
spouse must consent and relinquish all right, title
and interest in the property by deed or other written
agreement
Example: John Doe, a married man, as his sole and separate property
Community Property with Right of Survivorship:
Community property acquired by a married
couple when expressly declared in the transfer
document to be “community property with
Right of Survivorship,” shall pass to the surviving
spouse without having to first pass through the
administration of the estate
Joint Tenancy
Joint and equal interest in land owned by two or
more individuals created under a single instrument
with Right of Survivorship
Example: John Doe and Mary Doe, husband and wife, as joint tenants
Trust:
Title to real property in California may be held in
trust. The trustee of the trust holds title pursuant
to the terms of the trust for the benefit of the
trustor/beneficiary
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