Coastal San Diego · Buyer guides · Ownership

How to hold title on a home in San Diego

Short answer: How your name goes on the deed matters. It can change what happens if an owner dies, how a later sale works and how taxes may apply. California law lists a few main ways for two or more people to own a home together. Your attorney or CPA (a licensed tax accountant) helps you choose.

Near the end of every purchase, escrow (the neutral company that holds the money and papers) asks how you want to take title. Title is the legal word for ownership. Many buyers have never thought about it.

I help buyers in La Jolla and around coastal San Diego get ready for that question. I explain the options. I do not pick one for you.

I’m Weston Clark, Founding Member of the Dickinson-Clark Team at Compass. I help buyers in coastal San Diego understand each step of a purchase, including the ownership paperwork. You can talk about fees with Weston directly. This form does not give a commission quote.

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What California law says

California Civil Code section 682 lists the ways two or more people can own property together:

“The ownership of property by several persons is either: (a) Of joint interest. (b) Of partnership interests. (c) Of interests in common. (d) Of community interest of spouses.”

In daily use, buyers hear those as joint tenancy, partnership, tenancy in common and community property.

Joint tenancy

Joint tenants own the home together in equal shares. When one owner dies, the others usually keep the whole home. That is often called the right of survivorship.

Because of that, a joint tenant usually can’t leave their share to someone else in a will.

Tenancy in common

Tenants in common can own equal or unequal shares. Each owner can usually sell or leave their own share.

Friends, relatives or business partners who buy together often look at this one. A written agreement between owners can help later.

Community property and trusts

Married couples and registered domestic partners in California can take title as community property. There is also a version with the right of survivorship.

Many buyers take title in their own living trust instead. A trust is a legal plan that holds property for you now and passes it on later. My guide to selling from a trust shows how that plays out later.

How I help you get ready

Early in escrow, I flag the title question so you are not rushed.
You talk with your attorney or CPA about your goals.
You tell escrow your choice in writing, and the title company prepares the deed.
Title insurance (a policy that protects your ownership) is a separate step. My title insurance guide explains it.

General information only

This guide explains the main choices. It is not legal or tax advice. Ask your attorney or CPA before you choose how to hold title.

FAQ

What does it mean to hold title?

Title is the legal word for ownership. How you hold title is how your name, or names, go on the deed.

What are the main ways to hold title in California?

California Civil Code section 682 lists joint interest, partnership, interests in common and community interest of spouses. Many buyers also use a living trust.

What is the difference between joint tenancy and tenancy in common?

Joint tenants own equal shares, and when one dies the others usually keep the home. Tenants in common can own unequal shares and can usually sell or leave their own share.

Can a married couple hold title as community property?

Yes. California allows community property, and a version with the right of survivorship. Ask your attorney or CPA which fits.

When do I decide how to hold title?

Usually during escrow, before the deed is prepared. I flag it early so you have time to ask your advisors.

Is this guide on holding title legal advice?

No. It's general information about the main choices. It's not legal or tax advice.

Talk with Weston about your purchase

Tell me who is buying and where you are in the process. I’ll help you get the title question in front of your advisors early.

Or call (858) 997-8998 · weston@sandiego.homes · Search on Compass

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Sources

Weston Clark · Founding Member of the Dickinson-Clark Team at Compass · (858) 997-8998 · weston@sandiego.homes

Weston Clark, DRE #02122466 · Compass, DRE #01527365

Compass is a real estate broker licensed by the State of California and abides by Equal Housing Opportunity laws. All material presented herein is intended for informational purposes only, compiled from sources deemed reliable but not verified. Changes in price, condition, sale or withdrawal may be made without notice. All measurements and square footage are approximate.

⌂ Equal Housing Opportunity. This page is general information about places and process — not legal, tax, title, insurance, lending, or financial advice. How title works for you depends on your situation. Confirm with your own attorney or CPA. Brokerage compensation is discussed directly with Weston for the specific transaction.