This important question is one California real property purchasers ask their real
estate, escrow and title professionals every day. Unfortunately, though these
professionals may identify the many methods of owning property, they may not recommend a
specific form of ownership, as doing so would constitute practicing law.
Because real property has become increasingly more valuable, the question of-how
parties take ownership of their property has gained greater importance. The form of
ownership taken-the vesting of title-will determine who may sign various documents
involving the property and future rights of the parties to the transaction. These rights
involve such matters as: real property taxes, income taxes, inheritance and gift taxes,
transferability of title and exposure to creditor's claims. Also, how title is vested can
have significant probate implications in the event of death.
The California Land Title Association (CLTA) advises those purchasing real property to
give careful consideration to the manner in which title will be held. Buyers may wish to
consult legal counsel to determine the most advantageous form of ownership for their
particular situation, especially in cases of multiple owners of a single property.
The CLTA has provided the following definitions of common vestings as an informational
overview. Consumers should not rely on these as legal definitions. The Association urges
real property purchasers to carefully consider their titling decision prior to closing,
and to seek counsel should they be unfamiliar with the most suitable ownership choice for
their particular situation.