CommonWaysToHoldTitle14
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14 Common Ways To Hold Title

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4 Common Ways To Hold Title
Cal Counties Title Nation Sara & Brian Forkel flyer for refrence consumer information

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14 Common Ways To Hold Title

  1. 1. CommonWaysToHoldTitle14 Material discussed is meant for general illustration and/or infomercial purposes only and it is not to be considered as tax, legal, or investment advice. Although the information has been gathered from sources believed to be reliable, please note that individual situations can vary, therefore, please consult a professional for specific advice. Common Ways to hold TITLE TENANTS IN COMMON JOINT TENANTS COMMUNITY PROPERTY COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP PARTIES Any number of persons. ( can be husband and wife) Any number of persons. ( can be husband and wife) Only husband and wife Only husband and wife and only when interest is created on or after 07/01/01 DIVISION Ownership can be divided into any number of interest, equal or unequal Ownership interest can not be divided Ownership interest are equal Ownership interest are equal TITLE Each co-owner has a separate legal title to his undivided interest There is only one title to the whole property Title in the “Community” (Similar to title being in partnership) Title in the “Community” (Similar to title being in partnership) POSSESSION Equal right of possession Equal right of possession Equal right of possession Equal right of possession CONVEYANCE Each co-owner’s interest may be conveyed separately by its owners Conveyance by one co-owner without the other’s breaks the joint tenancy Both co-owners must join in conveyance of real property. Separate interest cannot be conveyed Both co-owners must join in conveyance of real property. Separate interest cannot be conveyed PURCHASER’S STATUS Purchaser becomes a tenant in common with the other co- owner Purchaser becomes a tenant in common with the other co- owner Purchaser can only acquire whole title of community. Cannot acquire a part of it Purchaser can only acquire whole title of community. Cannot acquire a part of it DEATH On co-owner’s death, his interest passes by will to his devisees or heirs. No survivorship right On co-owner death, his interest ends and cannot be willed. Survivorship owns the property by survivorship On co-owner’s death, ½ goes to survivor in severalty. Up to ½ goes by will or succession to others (consult attorney with specific questions) On co-owners death, decedents interest ends and cannot be willed. Survivor owns the property by survivorship SUCCESSOR’S STATUS Devisees or heirs become tenants in common Last survivor owns property in severalty If passing by will, tenancy in common between devisee and survivor results Last survivor owns property in severalty CREDITOR’S RIGHT Co-owners interest may be sold on execution sale to satisfy his creditor. Creditor becomes a tenant in common Co-owner’s interest may be sold on execution sale to satisfy creditor. Joint tenancy is broken, creditor becomes a tenant in common Co-owner’s interest can not be sized and sold separately. The whole property may be sold to satisfy debts of either husband or wife depending on the debt . (Consult attorney with specific questions) Co-owner’s interest can not be seized and sold separately. The whole property may be sold to satisfy debts of either husband or wife depending on the debt. (consult attorney with specific questions) PRESUMPTION Favored in doubtful cases except husband and wife ( See community property) Must be expressly slated and properly formed. Not favored Strong presumption that property acquired by husband and wife is community Strong presumption that property acquired by husband and wife is community Brian & Sara Forkel Account Executive  Cell: (909) 262‐9094 • Cell: (909) 573‐6384 Forkels4title@live.com • www.forkels4title.com Customer service/ Open Orders: (888) 282‐5885

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