Ways to Hold Title in California
The way real estate is owned determines what happens when an owner passes away. Some forms of ownership allow property to transfer automatically, while others require court involvement. Incorrect or unclear title can lead to delays, disputes, and additional legal costs when transferring property after death. Here are some common ways to hold title to real property in California.
1.Sole Ownership
Property owned by one individual.
- No automatic transfer at death
- Typically requires probate unless held in a trust
2. Community Property
Available to married couples.
- Each spouse owns a 50% interest
- Does not automatically avoid probate
3. Community Property with Right of Survivorship
- Transfers automatically to surviving spouse
- Avoids probate
4. Joint Tenancy
- Equal ownership shares
- Includes right of survivorship
- Avoids probate
5. Tenancy in Common
- Ownership shares may be unequal
- No right of survivorship
- Each share passes through probate
6. Trust Ownership
- Property held in a living trust
- Avoids probate
- Managed by a trustee
