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Community Property/Domestic Partnership: Only married spouses or domestic partners.
Tenancy in Common: Any number of persons. May involve spouses or domestic partner.
Trust: The trustee holds title on behalf of the beneficiaries, which can be individuals, groups of persons, or other entities.
Joint Tenancy: Any number of persons. May involve spouses or domestic partnership.
As a Separate Estate: Any individual may take title as his or her separate estate.
Community Property/Domestic Partnership: Each spouse/partner is presumed to own a community interest in the real property after marriage or registration of domestic partnership.
Tenancy in Common: Ownership can be divided into any number of interests, which may be equal or unequal.
Trust: The trustee holds legal title; the beneficiary(ies) hold equitable title.
Joint Tenancy: Joint tenants must own equal undivided interest, acquire title by the same deed, and have equal rights to possess.
As a Separate Estate: An individual owns a 100% interest in property held as his or her separate estate.
Community Property/Domestic Partnership: Title is usually vested as: John Doe and Jane Doe, husband and wife; or John Doe and Jane Doe, domestic partners; or John Doe and Jim Smith, married spouses.
Tenancy in Common: Title may be vested as: Amy, Barb, and Curt, Tenants in common, each as to an undivided one-third interest.
Trust: The trustee holds legal title. Title is usually vested as; Jane Doe, Trustee of the John Doe Family Trust.
Joint Tenancy: Title may be vested as: Andy, Bob, and Carol, all as joint tenants with right of survivorship.
As a Separate Estate: If married or in a domestic partnership, title will be vested as: Amy, a married person as her separate estate. In a domestic partnership, title may be vested as: Amy, a domestic partner as her separate estate. If single, title may be vested as: Bob, as his separate estate; or, Bob, a single person.
Community Property/Domestic Partnership: Each spouse/partner has the right to manage and control the property.
Tenancy in Common: Tenants in common have an equal rate of possession.
Trust: Right of possession as specified in the trust agreement.
Joint Tenancy: Joint tenants have an equal right of possession.
As a Separate Estate: If single, the individual in title has the right to possession. If married or a domestic partner, the non-owning spouse or domestic partner who resides on the land will have a homestead interest.
Community Property/Domestic Partnership: Both spouses/partners must convey in a single written deed. In limited circumstances, one spouse/partner may convey the real property associated with a family business.
Tenancy in Common: Each tenant in common may convey his or her interest separately.
Trust: Pursuant to the trust agreement, the trustee conveys the trust property on behalf of the beneficiary(ies).
Joint Tenancy: Conveyance by one joint tenant alone severs his/her joint tenancy.
As a Separate Estate: In many cases, the owner of the separate estate conveys his/her interest separately. If the owner of the separate estate is married or in a domestic partnership, in some circumstances a title company will require the owner spouse or domestic partner to join in the deed.
Community Property/Domestic Partnership: Purchaser may acquire an interest, if the interest is conveyed by a deed signed and acknowledged by both spouses/ partners.
Tenancy in Common: Purchaser of a tenancy in common interest will become a tenant in common with the other co-owners of the property
Trust: Purchaser may acquire legal and equitable title to the real property if the trustee executes a deed consistent with the trust agreement.
Joint Tenancy: Purchaser of a joint tenant's interest will become a tenant in common with the other co-owners of the property.
As a Separate Estate: If seller is single, purchaser may acquire an interest, if the interest is conveyed by a deed signed and acknowledged by the seller. If seller has spouse or domestic partner and seller's spouse/domestic partner does not join in the deed, the purchaser may take title presumptively subject to a community interest of the seller's spouse/partner.
Community Property/Domestic Partnership: If a spouse/partner dies intestate (without a will), the decedent's community interest vests in the surviving spouse/partner.
Tenancy in Common: Each tenancy in common interest may be devised by will.
Trust: If the trustee dies, a successor may be named in the trust agreement, chosen by the trustor and beneficiaries, or appointed by the court.
Joint Tenancy: On one join tenant's death, his/her interest vests immediately in the surviving join tenant(s).
As a Separate Estate: Separate interests may be devised by will. If decedent was single and died intestate, the decedent's separate interest passes first to children, if any, then to parents, siblings, grand-parents, or cousins. If decedent was married or in a domestic partnership and died intestate, the spouse or domestic partner takes one-half, three quarters, or all of the separate estate, depending upon whether the decedent was survivied by children, parents or siblings.
Community Property/Domestic Partnership: A spouse/partner may devise by will one-half of the community property. If so, a tenancy in common between devisee and survivor results.
Tenancy in Common: Heirs or devisees become tenants in common with the other co-owners.
Trust: The successor trustee's status is defined by the trust agreement.
Joint Tenancy: The last survivor owns the property as his or her property alone.
As a Separate Estate: Heirs or devisees become tenants in common with other co-owners, if any.
Please note: This comparison chart is provided for general information only and should not be used to identify how to hold title.
We strongly recommend that you seek the advice of independent counsel to determine the legal and tax consequences of how title is vested.
