Special offer

How will you take title to your property in Georgia?

By
Real Estate Broker/Owner with Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 GREC# 169695

Something you have to decide when making an offer is how you want your name to be appear on the deed. The choice about taking title is important, but not needed at the time of an offer. However you must decide prior to the attorney drawing up the deed that the seller(s) will sign at closing.


Ownership in Severalty- single ownership. 
 The term comes from the fact that the owner is severed or cut off from all others.   The sole owner may be an individual person or an artificial person such as a corporation.  Georgia is not a community property state, therefore any property obtained during a marriage in one spouses name is the sole property of that spouse.  Also property being sold by a married person need only have the signature of the title holder,not the spouse.

Tennacy in Common.  A parcel of real estate may be owned two or more people as tenants in common.  In a tenancy in common, each tenant holds an undivided fractional interest in the property.  A person may own 1/2 or 1/3 interest, however the property is not divided.  The deed may state the ownership interest, but if it does not the share is determined to be equal divided by the number of owners.

Joint Tenancy- Two or more people may own property in Georgia with Joint Tenancy which has the most distinguishing feature of right of survivorship.  Upon the death of an owner his or her interest does not pass to heirs or according to a will.  Rather, the entire ownership remains in the surviving joint tenant(s).  Once the ownership reaches one person the title is then Severalty. If you purchased property in Georgia prior to 1976 you do NOT have right of survivorship in your deed as it just became available that year. 

This is just a brief description of the types of title available in Georgia.  It is not intended to be used as legal advice.  When purchasing property in Georgia, an attorney closing state whereby an attorney MUST conduct closings it is wise to discuss the type of title you will be seeking with the closing attorney.

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Tammy@Lake-Sinclair.com

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Tammy Lankford, Broker/Owner

 

Broker License # 169695  Lane Realty License # H-11420

Real Estate Instructor License # 355089

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Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

We have the same types of tenancy in my state. Nice post, Tammy and this is great information for the consumer. 

Jun 17, 2015 04:06 PM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Tammy this brings back memories of studying for my license 20 years ago:)) it seemed so daunting at the time....not now:), Endre

Jun 17, 2015 04:35 PM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Hi Tammy -- in California we can share the information but not offer advice even though we don't use attorneys as part of the closing.   It's best for buyers to understand the differences available in their state and consult with the appropriate legal and tax professionals as you advise.  

Jun 17, 2015 06:11 PM
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Tammy. You have pretty well covered it when it comes to residential ownership, there are many more for commercial that I would use.

Jun 17, 2015 07:06 PM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

Good morning. That's a nice overview of different ownership options.

Jun 17, 2015 08:24 PM
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

You always provide good information about real estate. Thanks for sharing.

Jun 17, 2015 08:53 PM
Jenna Dixon
Momentum Real Estate Group LLC - Marietta, GA
55 & Over | New Constructions | Horse Farms

Ouch! Real estate pre-license flashback.  It's great info and so important.

Jun 17, 2015 10:13 PM
Sheila Anderson
Referral Group Incorporated - East Brunswick, NJ
The Real Estate Whisperer Who Listens 732-715-1133

Good morning Tammy. This is a wonderful and easy to understand tutorial for all Georgia residents. Well done.

Jun 18, 2015 12:10 AM
Amanda S. Davidson
Amanda Davidson Real Estate Group Brokered By Real - Alexandria, VA
Alexandria Virginia Homes For Sale

Tammy, you did a wonderful job explaining the different ownership options in Georgia. Excellent information for a buyer that isn't sure how they want to hold title.

Jun 18, 2015 12:18 AM
Michele Milic
Realty ONE Group ~ 702.419.5359 - Las Vegas, NV

Tammy, great information on important topic for buyers in Georgia.

Have a wonderful day.

Jun 18, 2015 01:25 AM
Broker Patty Da Silva Da Silva
Green Realty Properties® - 954-667-7253 - Cooper City, FL
Top Listing Broker

Thanks for the informative blog, Tammy. Hope you have a great day!

Jun 18, 2015 02:37 AM
Chris and Dick Dovorany
Homes for Sale in Naples, Bonita Springs and Estero, Florida - Naples, FL
Broker/Associate at Premiere Plus Realty

Great post Tammy.  Every state is just a little different.  Good to know when trying to explain the rules of your own state to someone just moving in.

Jun 18, 2015 02:45 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Debbie Laity lots of times out of state buyers are not aware of how it works in Georgia.

Endre Barath, Jr. I had such an advantage in my class (when taking my first real estate course) that I'd worked for two years as a secretary in a real estate firm.  The language and terms were familiar to me.

Michael Jacobs I'm not about to give legal advice.  I do give a bit of practical advice about taking title in the same way you are used to signing your name. Like how you sign it on checks.  I've seen people have to resign entire closing packages because they left out a middle name they thought "should" be on the deed, but what was not how they normally sign their name. It was painful to watch.

 

Jun 18, 2015 02:50 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Joe Petrowsky and I would be referring that business out.  I know residential and I know a great commercial broker LOL.  We have had people take title in corporate names from time to time and even in a trust, but when that is their desire usually an amendment to the contract and a chat with the closing attorney can handle it. 

Kat Palmiotti people who move here from community property states are generally surprised to find out one spouse on title then only one needed to sell, so I always advise them to seek a legal opinion before deciding.

Gita Bantwal thanks

Jenna Dixon I know right?  takes me way back, I had that class more than two decades ago.

Jun 18, 2015 02:58 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Thanks Sheila Anderson, out of state buyers come with lots of questions about that.

Amanda S. Davidson important for first time buyers and out of state buyers coming from an area with different types.

Thanks Michele Milic and you too.

Patty Da Silva, Davie, Southwest Ranches Cooper City, Plantation, Weston, REALTOR you too

Chris and Dick Dovorany it's one of those questions I get over and over so I thought a post to email to them would be great.

 

 

 

 

Jun 18, 2015 03:08 AM
Brian England
Ambrose Realty Management LLC - Gilbert, AZ
MBA, GRI, REALTOR® Real Estate in East Valley AZ

This is very important and something that should be carefully considered when purchasing a home, thanks for sharing this, very imformative!

Jun 18, 2015 04:20 AM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

This is a very informative post and will help many buyers understand better. Most of the tme our proeprties are conveyed as Tenants in Common with the right of survivorship.

Jun 18, 2015 12:27 PM
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Most people are joint in Minnesota.  But every now and again I see some other type.

Jun 27, 2015 12:15 PM