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Real Estate
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Titles >Ways
to Hold Title
When
two or more people purchase property together, there are
three ways that the title can be held. Knowing the
implications of each form of ownership will help you decide
how to write your deed.
"Tenancy by the entireties"
is reserved exclusively for married people. Both husband and
wife own an undivided interest in the property. On the death
of one party, the surviving spouse owns the entire property
and no probate will be necessary. When unmarried persons buy
a home together, they should seek legal advice regarding how
title should be held. As "tenants in common" each party owns
a percentage interest in the property. On the death of one
party his or her interest does not go to the surviving owner
but is distributed in accordance with the will of the
deceased, whose estate must be probated. As "joint tenants"
each party owns an undivided, equal interest that passes
automatically to the surviving joint tenant. Probate is not
necessary if the deed reads "joint tenants with rights of
survivorship".
It is important to know that in most
courts, if a deed is written without specification of how
title is held, the property is titled as "tenants in
common."
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