Ways for Two or More Individuals to Hold Title Together

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The four ways for two more people to hold title within the state of California:

1. Tenancy in common

• Parties - any number of persons (including married or registered domestic partners)

• Title - Each co-owner has a separate legal title to his or her undivided interest.

• Possession - Equal rights of possession

2. Joint Tenancy

• Parties - any number of persons (including married or registered domestic partners

• Title - Co-owners must acquire interest all the same time and from the same person (may be created by deed from a sole owner to self and to others).

• Possession - Equal rights of possession

3. Community Property

• Parties - Only married couples or registered domestic partners have community property rights.

• Title - Title is in the "community".  Each interest is separate but management is unified.

• Possession - Both co-owners have equal rights of possession.

4. Community Property with Right of Survivorship

• Parties - Only married couples or registered domestic partners

• Title - Title is in the "community".  Each interest is separate but management is unified.  Title must expressly state community property with right of surivorship.

• Possession - Both co-owners have equal rights of possession.

The information concerning ownership vesting is for informational purposes only.  Contact an attorney or CPA if you desire advice regarding a specific manner of holding title to property.


Our gratitude to Stewart Title for providing these helpful information.