How Should I Hold Title On My New Home?

Common Ways To Hold Title On A Home – What They Mean & How to Choose the Right One

When you buy a home, choosing how to hold title (sometimes called vesting) is one of the most important decisions you’ll make—yet it’s often one of the least understood. Your vesting choice affects:

  • What happens to the property if an owner passes away
  • How taxes are handled
  • What your ownership rights look like
  • How the property can be sold or transferred
  • Whether probate is required

Selecting the right vesting option protects you, your family, and your long-term financial goals. Below is a clear breakdown of the most common ways to hold title, followed by an easy-to-read chart summarizing who each option is best for.


đź’Ľ 1. Sole Ownership

What it is: One person holds 100% ownership of the property.

Common for:

  • Single buyers
  • Married buyers purchasing as separate property
  • Investors buying individually

Pros:

  • Simple and straightforward
  • Full control over decisions
  • Easy to transfer or refinance

Considerations:

  • Property goes through probate unless held in a trust
  • No shared responsibility for expenses

👥 2. Joint Tenancy With Right of Survivorship (JTWROS)

What it is: Two or more owners hold equal shares. If one owner dies, their share automatically transfers to the surviving owner(s).

Common for:

  • Couples (married or unmarried)
  • Family members or business partners who want equal ownership

Pros:

  • Avoids probate
  • Automatic transfer simplifies inheritance

Considerations:

  • All shares must be equal
  • Any owner may sever the joint tenancy by selling or transferring their interest

đź§© 3. Tenancy in Common (TIC)

What it is: Two or more people own a property together, but shares can be unequal (e.g., 70/30, 50/50). No right of survivorship.

Common for:

  • Friends or partners buying together
  • Investors
  • Family members who want to define unique ownership percentages

Pros:

  • Flexible ownership shares
  • Allows independent transfer or sale of interest

Considerations:

  • No automatic transfer at death—probate may apply
  • Co-owners must jointly agree on major decisions

đź’Ť 4. Community Property (in community property states only)

What it is: Married couples own property 50/50 as a marital asset.

Common in:

  • California
  • Arizona
  • Idaho
  • Nevada
  • Texas
  • Washington
  • Wisconsin

Pros:

  • Clear 50/50 ownership
  • May offer tax advantages (e.g., full step-up in basis at death in certain states)

Considerations:

  • Does not include automatic right of survivorship unless specified
  • Still may require probate

đź’Ť 5. Community Property With Right of Survivorship

What it is: Same as community property—plus the surviving spouse automatically inherits the deceased spouse’s share.

Common for:

  • Married couples wanting an easy transfer at death

Pros:

  • Avoids probate
  • Often retains community property tax benefits

Considerations:

  • Only available in certain states
  • Requires proper vesting language on the deed

🛡 6. Tenancy by the Entirety

What it is: A special form of ownership available only to married couples in certain states. Treats the couple as one legal entity.

Common for:

  • Married buyers seeking added legal protections

Pros:

  • Strong protection against certain creditors
  • Automatically transfers to the surviving spouse

Considerations:

  • Not available everywhere
  • Decisions (sale, refinance) require both spouses’ approval

📝 7. Holding Title in a Trust

What it is: Ownership is placed in a living trust, with a trustee managing it for beneficiaries.

Common for:

  • Estate planning
  • Avoiding probate
  • Families with long-term plans for inheritance

Pros:

  • Avoids probate
  • Highly customizable
  • Provides privacy and estate-planning benefits

Considerations:

  • Requires legal setup
  • Must be maintained properly

🎯 Final Thoughts

Choosing how to hold title on your home is more than a formality — it’s a decision that affects your:

  • Legal rights
  • Tax implications
  • Estate planning
  • Ownership flexibility
  • Long-term protection

At Sequence Mortgage, we always encourage buyers to consult with a title officer, attorney, or estate planner to ensure their vesting choice aligns with their goals. A few minutes of planning today can make a world of difference tomorrow.

© 2023 Sequence Mortgage | © 2023 New American Funding, LLC New American Funding, LLC NMLS #6606 Corporate Office is located at 14511 Myford Road, Suite 100, Tustin CA 92780. PHONE (800) 450-2010

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