6 Ways to Hold Title to Your Home (and Why It Matters)
When you buy a home, you’ll be asked how you’d like to “hold title.” It’s one of those legal phrases that sounds more intimidating than it really is. Simply put—it’s about how your name (and anyone else’s) appears on the property deed. And the way you hold title affects your ownership rights, taxes, and what happens if something unexpected occurs.
Here’s a quick breakdown to help you understand the most common ways to hold title in California (and which one might make the most sense for you).
Sole Ownership
If you’re buying a property on your own, this one’s simple. You’ll take title as an individual—for example, Taylor Homebody, a single woman.
Best for: Single buyers or anyone purchasing separately from a spouse or partner.
Things to know: You have total control, but your property will go through probate if something happens to you unless you’ve set up a living trust.
Joint Tenancy
This option is all about equality and simplicity. Each owner has an equal share, and if one owner passes away, their share automatically goes to the surviving owner(s).
Best for: Couples, family members, or friends who want equal ownership and automatic transfer upon death.
Things to know: You can’t leave your share to someone else in your will. Everything goes straight to the other person(s) on title.
Tenancy in Common (TIC)
A flexible option where two or more people own property together—but not necessarily equally. One person could own 60%, another 40%.
Best for: Friends or business partners buying together.
Things to know: Each owner can sell, transfer, or will their share independently. That flexibility is great, but it can also get complicated if everyone’s not on the same page.
Community Property
In California, property acquired during marriage is generally considered community property, meaning both spouses own it equally—regardless of whose name is on the loan.
Best for: Married couples who want equal ownership.
Things to know: Each spouse can will their 50% interest separately, and without proper planning, the property may go through probate.
Community Property with Right of Survivorship
This one’s like the best of both worlds: equal ownership and automatic transfer if one spouse passes away.
Best for: Married couples who want to keep things simple and avoid probate.
Things to know: You still get the full “step-up” in tax basis when one spouse passes, which can be a big deal for capital gains down the road.
Living Trust
If you’ve ever heard someone say their home is “in a trust,” here’s what they mean: the property is legally owned by a trust—a legal entity you create to hold your assets (like your home) for your benefit during your lifetime and for your beneficiaries after.
When you hold title in a trust, the deed lists the trust name (for example, “Taylor Homebody, Trustee of the Homebody Family Trust dated January 1, 2025”) rather than your personal name. You still control the property—you can sell, refinance, or live in it—but when you pass away, the trust dictates exactly who inherits it, skipping probate entirely.
Setting one up is straightforward: an estate attorney (or specialized online service) drafts the trust document, then your escrow officer or title company records a new deed transferring ownership from you to your trust. Once it’s done, you’ve just given your future self—and your family—the gift of peace of mind.
The Bottom Line
How you hold title isn’t just a formality—it shapes your legal rights, taxes, and what happens to your home in the future. It’s one of those details that’s easy to overlook but can make a big difference later on. Before finalizing, talk with your escrow officer, attorney, or financial advisor to make sure your title choice aligns with your personal, legal, and tax goals. Because at The House, we believe that every detail—from the paint color on your walls to the name on your deed—should work in your favor.
