How To Title Property

How to title property should be given serious consideration. The way you hold title to real property has different legal and tax consequences. You should consult with an attorney or tax advisor on how to title property for estate planning purposes. You want to decide the best tax strategies when deciding how to title property to make sure your heirs benefit as well. There are several ways to hold title. Individually, joint tenancy, tenants in common, community property or tenants in entirety, if you are married. Joint tenants have the same undivided interest in the property. When one tenant dies, the surviving joint tenants own the property jointly. When all the joint tenants die, and there is only one owner left, the last owner can do whatever he or she wants with the property, such as gift it, will it, etc. Tenancy by the entirety is a form of ownership between a husband and wife in which the two spouses hold title to the entire property with the right of survivorship. When one spouse dies, the other takes title. When the last remaining spouse dies, the property is distributed per the person's will or it goes to their heirs. Community property is similar. It is recognized in Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Tenancy in common allows each owner to hold an undivided interest in the property. The interest does not terminate upon death and passes to the person's heirs.

Fast Facts

  • You should consult with an attorney or tax advisor on how to title property for estate planning purposes.
  • You want to decide the best tax strategies when deciding how to title property to make sure your heirs benefit as well
  • Title can be held individually, joint tenancy, tenants in common, community property or tenants in entirety, if you are married.

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