11/18/2023

How to Hold Title

 

Vesting or Common Ways to Hold Title 
for residential home loans

A person can hold title to real property by receiving a deed. The deed describes the new owners and how they are holding title, which is called title vesting. The type of deed signed depends on how the person wants to hold title. 

To transfer property title in California, the process is: 
Choose a deed
  1. Prepare the deed, easy way is to copy the legal description provided by the title company prior insured transfer deed. Be careful to make certain the address, lot, track, APN number are perfect
  2. Fill out the deed with accurate information about the property and the new owner
  3. Sign the deed in front of a notary public
  4. File the deed with the county recorder's office and pay the recording fee
  5. Update the property records
Some common ways to hold title include: 
  • Joint tenancy
  • Tenancy in common
  • Tenants by entirety
  • Sole ownership
  • Co-ownership
  • LLC
  • Living Trust
Community property is the most common way to hold title between a married couple or domestic partnership in California. 
n real estate, vesting is the point at which someone acquires the rights and interests of a property's legal ownership. 
Joint tenants and tenants in common have different rights and interests in a property: 
Joint tenants
    • Interest:
      • Time
      • Title
      • Possession
    • Shares:
      • Equal
      • From the same source
      • Simultaneously
    • Ownership:
      • Passes to the other owner
      • No probate
  • Tenants in common
    • Interest:
      • Time
      • Title
      • Possession
    • Shares:
      • Unequal
      • Different times
      • Different sources
    • Ownership:
      • Passes to the tenant's heirs
Joint tenancy is often used as community property between married couples and domestic partners. Tenancy in common is often used when co-owners are unrelated.