Title vesting is the way an owner (or owners) of property\ntakes title to their real estate. The way that title is held will affect what\nthe owner (or owners) can do with the property during his or her lifetime, and\nwill also determine whether or not the property has to go through probate\nproceedings upon the owner\u2019s death. <\/p>\n\n\n\n
When a deed is written for real property, the ownership is\ndescribed using the owner\u2019s name and a descriptive phrase for the legal\nrelationship between multiple owners or married people. Vesting decisions will\nvary from state to state. <\/p>\n\n\n\n\n\n\n\n
There are multiple ways to hold title to real estate. Vesting\ndecisions should be made with the help of a real estate lawyer. <\/p>\n\n\n\n
Sole ownership: When an individual owns property by himself,\nit is considered to be sole ownership. <\/p>\n\n\n\n
Joint tenancy: This requires at least two owners. All owners\nmust take ownership of the property in equal percentages. When one owner dies,\ntheir interest is divided equally among the surviving owner(s), thus avoiding\nprobate. <\/p>\n\n\n\n
Community property with right of survivorship: Community\nproperty law does not apply to all states. Community property refers to the\nreal property owned jointly by a husband and wife during their marriage. Upon\nthe death of one spouse, the property will automatically transfer to the surviving\nspouse. Probate proceedings are avoided with community property. <\/p>\n\n\n\n
Community property: Community property refers to all real\nproperty owned by a husband and wife during their marriage and is only\navailable in some states. When property is held in this manner, without rights\nof survivorship, probate proceedings are usually required upon the death of one\nof the owners unless a survivorship clause exists. <\/p>\n\n\n\n
Tenants in common: This type of co-ownership requires at\nleast two owners. Tenants in common own property jointly, each person having\nthe right to will or sell the property. Percentages of ownership can be equal\nor unequal. In the case of one owner\u2019s\ndeath, the property will need to go through probate proceedings. <\/p>\n\n\n\n
Alabama <\/strong>In\nAlabama, real estate conveyed to two more people will create a joint tenancy. The\ndefault way for married persons to hold title is as tenants in common, unless\nthe conveyance states a right of survivorship. Joint tenancy and tenancy in\ncommon are recognized types of ownership in this state. Alabama Code 35-4-7.<\/p>\n\n\n\n Alaska <\/strong>The\nfollowing types of ownership are recognized in Alaska: tenancy by entirety and\ntenancy in common. A grant of ownership to two or more people in Alaska is\npresumed to create a tenancy in common. However, a husband and wife owning\nproperty will automatically create a tenancy by the entirety, unless the\nconveyance states otherwise. Alaska Code \u00a734.15.120 through .140. <\/p>\n\n\n\n Arizona<\/strong> In\nArizona, real estate owned by two or more people is presumed to create a\ntenancy in common, unless the deed states that they are \u201cjoint tenants with\nrights of survivorship, not tenants in common, not community property.\u201d This\nstate recognizes the following types of ownership: tenancy in common, joint\ntenancy, and community property. A conveyance to a husband and wife during the\nmarriage is presumed to be community property, unless it is expressly stated in\nthe conveyance that a joint tenancy is being created and is accepted by the\ngrantees. Arizona Code \u00a733-431.<\/p>\n\n\n\n Arkansas <\/strong>Real\nestate in Arkansas conveyed to two or more people is classified as a tenancy in\ncommon unless otherwise specified. Conveyances to married couples are tenancies\nby entirety unless otherwise specified. Joint tenancy with right of\nsurvivorship is available to two or more owners, regardless of their relation\nto each other and must be specified on the face of the deed (18-12-106).<\/p>\n\n\n\n California <\/strong>This\nstaterecognizes the following types\nof ownership: tenancy in common, joint tenancy, and community property. A grant\nof ownership of real estate to two or more persons is presumed to create a\ntenancy in common, unless the instrument specifically states that a joint\ntenancy with rights of survivorship is being created. In the case of husband\nand wife, the rules of community property apply. California CC \u00a7761, 682-85.<\/p>\n\n\n\n Colorado <\/strong>The\nfollowing types of ownership are recognized in Colorado: tenancy in common and\njoint tenancy. Two or more people owning real estate will automatically own as\ntenants in common, unless the deed states that they are joint tenants with\nrights of survivorship. Colorado Code \u00a738-31-101, 107.<\/p>\n\n\n\n Connecticut <\/strong>Tenancy\nin common and joint tenancy are recognized forms of ownership in Connecticut.\nWhen two or more people in Connecticut own property, they are presumed to own\nas tenants in common, unless the deed states that they are joint tenants with\nrights of survivorship. Connecticut Code \u00a747-36a.<\/p>\n\n\n\n D.C. <\/strong>The default\nway for two or more people to own property together in D.C. is as tenants in\ncommon; however, every estate vested in executors or trustees will be a joint\ntenancy, unless the deed states otherwise. A tenancy by the entirety can be\ncreated in a conveyance of real property to spouses or domestic partners. \u00a7\n42-516. <\/p>\n\n\n\n Delaware <\/strong>The\nfollowing types of joint ownership are recognized in Delaware: tenancy in\ncommon and joint tenancy. A grant of ownership to two or more people will\ncreate a tenancy in common, unless the deed states that they are joint tenants\nwith rights of survivorship, not tenants in common. Delaware Code \u00a725-311, 701.\n<\/p>\n\n\n\n Florida <\/strong>This\nstate recognizes the following types of ownership: tenancy in common, joint\ntenancy, and tenancy by the entirety. A grant of ownership of real estate to\ntwo or more persons is presumed to create a tenancy in common, unless joint\ntenancy with survivorship rights is explicitly stated. A right of survivorship\nmust be specifically stated. Florida Code \u00a7689.14-.15.<\/p>\n\n\n\n Georgia <\/strong>A grant\nof ownership of real estate to two or more persons in Georgia is presumed to\ncreate a tenancy in common, unless a joint tenancy with rights of survivorship\nis specifically created. The deed must specify right of survivorship. This\nstate recognizes the following types of ownership: tenants in common and joint\ntenants with rights of survivorship. Georgia Code \u00a744-6-190.<\/p>\n\n\n\n Hawaii <\/strong>In Hawaii,\nproperty can be owned as tenants in common, joint tenants, or as tenants by the\nentirety. A grant of ownership of real estate to two or more people is presumed\nto create a tenancy in common, unless the deed states that they are joint\ntenants with rights of survivorship, not tenants in common. Hawaii Chapter 510.\n<\/p>\n\n\n\n Idaho <\/strong>A grant of\nownership to two or more persons will create a tenancy in common by default,\nunless the deed states that they are joint tenants with rights of survivorship.\nIf the grantees are husband and wife, the real estate acquired during marriage\nis considered to be community property. Tenancy in common, joint tenancy, and\ncommunity property are recognized ways to own property in this state. Idaho\nCode \u00a755-104, 508.<\/p>\n\n\n\n Illinois <\/strong>When two\nor more people are granted real estate in Illinois, they are presumed to own as\ntenants in common, unless a joint tenancy with rights of survivorship, not\ntenants in common is specifically created. However, in the case of a husband\nand wife, a joint tenancy is specifically created. The following types of\nownership are recognized in Illinois: joint tenancy, tenancy in common, and\ntenancy by the entirety. Illinois \u00a7765-1005\/1, 1c.<\/p>\n\n\n\n Indiana <\/strong>The\nfollowing types of ownership are recognized in this state: Tenancy in common,\njoint tenancy, and tenancy by the entirety. A grant of ownership to two or more\npeople will create, by default, a tenancy in common, unless a joint tenancy\nwith rights of survivorship, not tenants in common and not tenants by entirety\nis expressly stated. However, if the grantees are husband and wife, a tenancy\nby the entirety is created automatically. Indiana Code \u00a732-1-2-7, 8.<\/p>\n\n\n\n Iowa <\/strong>Real\nproperty in Iowa can be owned by two or more people as tenants in common or as\njoint tenants. When two or more people own property together, they are presumed\nto own as tenants in common, unless the deed states that they are joint tenants\nwith rights of survivorship, not tenants in common. Iowa Code \u00a7557.15.<\/p>\n\n\n\n Kansas <\/strong>Real\nproperty in Kansas can be jointly owned as tenants in common, joint tenants, or\nas tenants by the entirety. A grant of ownership to two or more people\nautomatically creates a tenancy in common, unless the deed states that they are\njoint tenants with rights of survivorship, not tenants in common. Iowa Code\n\u00a7557.15.<\/p>\n\n\n\n Kentucky <\/strong>This\nstate recognizes the following types of co-ownership: tenancy in common,\ntenancy by entirety, and joint tenancy without a right of survivorship. The\nright of survivorship for joint tenants must be expressly written into the\nvesting statement. A grant of ownership to real estate to two or more persons\nwill automatically create a tenancy in common, unless the instrument states\nthat they are joint tenants with rights of survivorship, not tenants in common.\nKentucky Code \u00a7381.050, 120.<\/p>\n\n\n\n Louisiana <\/strong>This\nstate does not recognize common law estates. Joint ownership is referred to as\nownership in indivision. All co-owners are presumed to be equal. Co-owners of\nproperty may convey or alienate their individual shares, but the consent of all\nowners is necessary. Louisiana CC \u00a7797-806.<\/p>\n\n\n\n Maine <\/strong>The\nfollowing types of co-ownership are recognized in Maine: tenancy in common and\njoint tenancy. When real estate is granted to two or more people, it is\npresumed to create a tenancy in common, unless a joint tenancy with\nsurvivorship rights is specifically created in the deed. Maine T.33, \u00a7159.<\/p>\n\n\n\n Maryland <\/strong>A grant\nof ownership to two or more people in Maryland will create a tenancy in common,\nunless the deed states that they are joint tenants with rights of survivorship,\nnot tenants in common. In the case of husband and wife grantees, though,\nMaryland law presumes the creation of a tenancy by the entirety. The following\ntypes of ownership are recognized in this state: tenancy in common, joint\ntenancy, and tenancy by the entirety. Maryland Real Prop. Art. \u00a72-117.<\/p>\n\n\n\n Massachusetts <\/strong>This\nstate recognizes tenancy in common, joint tenancy, and tenancy by the entirety.\nReal estate granted to two or more people will create a tenancy in common,\nunless the deed states that they are joint tenants with rights of survivorship,\nnot tenants in common. Massachusetts C. 184, \u00a77. <\/p>\n\n\n\n Michigan <\/strong>Tenancy\nin common, joint tenancy, and tenancy by the entirety are recognized forms of\nownership in Michigan. A grant of ownership of real estate to two or more\npeople is presumed to create a tenancy in common, unless the deed states that\nthey are joint tenants with rights of survivorship, not tenants in common and\nnot tenants by the entirety. In the case of a conveyance to a husband and wife,\na tenancy by the entirety is the default type of ownership. Michigan CLA\n\u00a7554.43-.45.<\/p>\n\n\n\n Minnesota <\/strong>When\nreal estate in Minnesota is conveyed to two or more people, it is presumed to\ncreate a tenancy in common, unless a joint tenancy with rights of survivorship\nis expressly created in the deed. The following types of ownership are\nrecognized in this state: tenancy in common and joint tenancy. Minnesota Code\n\u00a7500.01, .19.<\/p>\n\n\n\n Mississippi<\/strong> This\nstate recognizes the following types of ownership: tenancy in common, joint\ntenancy, and tenancy by the entirety. A grant of ownership to two or more\npersons will create, by default, a tenancy in common unless the deed states\nthat a joint tenancy with rights of survivorship, not tenants in common, is\ncreated. Mississippi Code \u00a789-1-5.<\/p>\n\n\n\n Missouri <\/strong>Property\nin Missouri can be co-owned as tenants in common, joint tenants, or as tenants\nby the entirety. When two or more persons own property, the default type of\nownership is as tenants in common, unless the conveyance states that they are\njoint tenants with rights of survivorship, not tenants in common. Missouri Code\n\u00a7442.025, .450.<\/p>\n\n\n\n Montana <\/strong>Montana\nrecognizes tenants in common and joint tenants. A grant of ownership in real\nestate to two or more persons creates a tenancy in common, unless a joint\ntenancy with rights of survivorship is specifically stated in the deed. Montana\nCode \u00a770-1-306, 314; 70-15-202. <\/p>\n\n\n\n Nebraska <\/strong>This\nstate recognizes tenancy in common and joint tenancy as types of ownership.\nWhen real estate is granted to two or more persons, a tenancy in common is\nautomatically created, unless a joint tenancy with rights of survivorship is\nspecifically created in the deed. 76-275.07. <\/p>\n\n\n\n Nevada <\/strong>Real\nproperty in Nevada can be owned as tenants in common, joint tenants, or as\ncommunity property. When two or more people own property together, they are\npresumed to own as tenants in common, unless the deed states that they are\njoint tenants with rights of survivorship, not tenants in common. The community\nproperty law applies to husband and wife. Nevada Code \u00a7111.060-.065; 123.030.<\/p>\n\n\n\n New Hampshire <\/strong>The\ndefault type of property ownership for two or more persons is as tenants in\ncommon, unless the conveyance states that they are joint tenants with rights of\nsurvivorship. A conveyance to a husband and wife creates a joint tenancy. Property\nin this state can be owned as tenants in common or as joint tenants. New\nHampshire C. 477, \u00a718-19.<\/p>\n\n\n\n New Jersey <\/strong>This\nstate recognizes the following types of ownership: tenancy in common, joint\ntenancy, and tenancy by the entirety. A grant of ownership of real estate to\ntwo or more persons is presumed to create a tenancy in common, unless the deed states\nthat they are joint tenants with rights of survivorship, not tenants in common.\nIf property is conveyed to a husband and wife, it is presumed that a tenancy by\nthe entirety is created. New Jersey Code \u00a746-3-17, 17.2, 17.3; 3B-11-3.<\/p>\n\n\n\n New Mexico <\/strong>New\nMexico recognizes the following types of ownership: tenancy in common, joint\ntenancy, and community property. When property is conveyed to two or more\npeople, a tenancy in common is automatically created, unless a joint tenancy\nwith rights of survivorship is expressly created in the conveyance. Community\nproperty with rights of survivorship must be expressly written in to the\nconveyance. New Mexico Code \u00a747-1-36.<\/p>\n\n\n\n New York <\/strong>The\nfollowing types of joint ownership are recognized in New York: tenancy in\ncommon, joint tenancy, and tenancy by the entirety. A grant of ownership of\nreal estate to two or more people will automatically create a tenancy in\ncommon, unless the deed states that they are joint tenants with rights of\nsurvivorship. In the case of married persons, a tenancy by entirety is presumed\nto be created. New York E.P.T.L. \u00a76-1.1, 6-2.2.<\/p>\n\n\n\n North Carolina <\/strong>Tenancy\nin common, joint tenancy, and tenancy by entirety are recognized types of\nco-ownership in North Carolina. When real estate is conveyed to two or more\npeople, a tenancy in common is automatically created, unless the deed states that\nthey are joint tenants with rights of survivorship. North Carolina Code \u00a741-2.<\/p>\n\n\n\n North Dakota <\/strong>When\nreal estate is conveyed to two or more people, a tenancy in common is automatically\ncreated, unless a joint tenancy with rights of survivorship is specifically\nstated in the deed. This state recognizes the following types of co-ownership\nof property: tenancy in common and joint tenancy. North Dakota Code \u00a747-02-05. <\/p>\n\n\n\n Ohio <\/strong>The following\ntypes of co-ownership are recognized in Ohio: tenancy in common and joint\ntenancy. A grant of ownership to two or more persons is presumed to create a\ntenancy in common, unless the deed states \u201cFor their joint lives, remainder to\nthe survivor of them.\u201d Ohio Code \u00a75302.17-.21.<\/p>\n\n\n\n Oklahoma <\/strong>A grant\nof ownership to two or more persons in Oklahoma is presumed to create a tenancy\nin common, unless the conveyance specifically states that they are joint\ntenants with rights of survivorship, not tenants in common. Co-owners may own\nproperty as tenants in common, joint tenants, or tenants by the entirety. Oklahoma Code \u00a758-911-12; 60-74.<\/p>\n\n\n\n Oregon <\/strong>The\nfollowing types of property ownership are recognized in Oregon: tenancy in\ncommon and tenancy by entirety. When two or more people own property together,\nthey will automatically own as tenants in common, unless the deed states that\nthey are joint tenants with rights of survivorship except in the case of\nhusbands and wives, who will own as tenants by the entirety. A right of\nsurvivorship may be explicitly created in the deed. Oregon Code \u00a793.120, .180.<\/p>\n\n\n\n Pennsylvania <\/strong>This\nstate recognizes the following types of joint ownership: tenancy in common,\njoint tenancy, and tenancy by entirety. A grant of ownership to two or more people\nwill create a tenancy in common, unless a joint tenancy with rights of\nsurvivorship is specifically created. In the case of a husband and wife owning\nproperty together, a tenancy by entirety is created by default. Pennsylvania\nCode \u00a768-110. <\/p>\n\n\n\n Rhode Island <\/strong>When\ntwo or more people are granted real property, a tenancy in common is\nautomatically created, unless the deed states that they are joint tenants with\nrights of survivorship. The following types of co-ownership are recognized in\nthis state: tenancy in common, joint tenancy, and tenancy by entirety. Rhode\nIsland Code \u00a734-3-1, 2.<\/p>\n\n\n\n South Carolina <\/strong>South\nCarolina recognizes the following types of co-ownership: tenancy in common and\njoint tenancy. A grant of ownership of real estate to two or more persons will\ncreate, by default, a tenancy in common, unless the deed states that they are joint\ntenants with rights of survivorship, not tenants in common. South Carolina\nCommon Law.<\/p>\n\n\n\n South Dakota <\/strong>Tenancy\nin common and joint tenancy are the recognized forms of co-ownership in South\nDakota. When real estate is granted to two or more persons in this state, it\nautomatically creates a tenancy in common, unless \u201cjoint tenants with rights of\nsurvivorship not tenants in common\u201d is specifically stated in the deed. South\nDakota Code \u00a743-2-11 through 14.<\/p>\n\n\n\n Tennessee <\/strong>This\nstate recognizes the following types of co-ownership of real property: tenancy\nin common, joint tenancy, and tenancy by entirety. A grant of ownership to two\nor more persons automatically creates a tenancy in common, unless \u201cjoint\ntenants with rights of survivorship not tenants in common\u201d is expressly stated\nin the deed. Tennessee Code \u00a766-1-102.<\/p>\n\n\n\n Texas <\/strong>Two or more\npersons owning property together in this state will automatically hold their\ntitle as tenants in common, unless a right of survivorship is expressly stated\nin the conveyance. In the case of a husband and wife, community property law\napplies, but the right of survivorship must be expressly stated. Texas\nrecognizes the following types of co-ownership: tenancy in common, joint\ntenancy, and community property. Texas Prob. Code \u00a746, 451; Fam. Code. \u00a75.01\nonward.<\/p>\n\n\n\n Utah <\/strong>This state\nrecognizes the following types of co-ownership of real property: tenancy in\ncommon and joint tenancy. A grant of ownership of real estate to two or more\npersons is presumed to create a tenancy in common, unless a joint tenancy with\nrights of survivorship is explicitly created in the deed. Utah Code \u00a757-1-2\nonward.<\/p>\n\n\n\n Vermont <\/strong>The\nfollowing types of co-ownership are recognized in Vermont: tenancy in common,\njoint tenancy, and tenancy by entirety. When two or more people own property\ntogether, they are presumed to own as tenants in common, unless a joint tenancy\nwith rights of survivorship is created. In the case of a married couple, a\ntenancy by entirety is created. Vermont Code \u00a727-2.<\/p>\n\n\n\n Virginia <\/strong>Tenancy\nin common, joint tenancy, and tenancy by entirety are recognized forms of\nco-ownership in Virginia. A grant of ownership of real estate to two or more\npersons will automatically create a tenancy in common, unless \u201cjoint tenants\nwith rights of survivorship as at common law\u201d is specifically created. Husband\nand wife owning property will own as tenants by entirety, unless \u201chusband and wife,\nas tenants by the entirety as at common law\u201d is stated in the deed or\nconveyance. Virginia Code \u00a755-20, 21.<\/p>\n\n\n\n Washington <\/strong>Washington\nState recognizes the following types of co-ownership of real property: tenancy\nin common, joint tenancy, and community property. A grant of ownership of real\nestate to two or more persons will automatically create a tenancy in common,\nunless the deed or conveyance states that a joint tenancy with rights of\nsurvivorship is being created. In the case of husband and wife owning property\ntogether, the real estate is community property. Washington Code \u00a726.16;\n11.04.071; 64.28.010-.040.<\/p>\n\n\n\n West Virginia <\/strong>A\ngrant of ownership of real estate in West Virginia to two or more persons will\nautomatically create a tenancy in common, unless \u201cjoint tenants with rights of\nsurvivorship\u201d is specifically created in the deed. This state recognizes\ntenancy in common and right of survivorship as forms of co-ownership. West\nVirginia Code \u00a736-1-10 onward.<\/p>\n\n\n\n Wisconsin <\/strong>The following types of ownership are recognized in this state: tenancy in common, joint tenancy, and community property. A grant of ownership to two or more persons is presumed to create a tenancy in common, unless a joint tenancy with rights of survivorship is expressly created in the deed or conveyance. In the case of husband and wife, community property law applies to the real estate. Wisconsin Code \u00a7700.02 onward; 766.605.<\/p>\n\n\n\n Wyoming <\/strong>This state recognizes the following types of ownership: tenancy in common, joint tenancy, and tenancy by entirety. A grant of ownership of real estate to two or more persons will automatically create a tenancy by entirety, unless joint tenants with right of survivorship is expressly created in the deed. Wyoming Code \u00a734-1-140.<\/p>\n","protected":false},"excerpt":{"rendered":" Title vesting is the way an owner (or owners) of property takes title to their real estate. The way that title is held will affect what the owner (or owners) can do with the property during his or her lifetime, and will also determine whether or not the property has to go through probate proceedings […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[54,66],"tags":[],"class_list":["post-328","post","type-post","status-publish","format-standard","hentry","category-legal-terms","category-vesting"],"yoast_head":"\n