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California vesting tool

How will you hold title?

How your name appears on the deed affects who inherits, what happens at a death and how taxes work. Answer five questions to see the options that fit and what to ask your attorney and CPA.

  • Built by California title professionals
  • Free, nothing to sign up for
  • Educational only. We don’t choose for you

Question 1 of 5

Who is buying?

California rules differ for spouses and registered domestic partners.

Vesting types

Seven ways to hold title

Open any option for how it works, what to watch for and what to ask.

Spouses and registered domestic partnersCommunity property with right of survivorshipEach spouse owns half as community property, and when one dies the survivor automatically owns it all.
Survivorship
Yes, automatic
Leave it by will
No, survivorship controls
Shares
Equal (community property)
Who can use it
Spouses and registered domestic partners only

Good to know

  • California created this option in 2001 to combine features of joint tenancy and community property. [verify]
  • After a death, the survivor typically records an affidavit of death of spouse with a certified death certificate.
  • It doesn’t cover what happens after the second death. Many couples pair it with a trust or other estate plan.

Ask your attorney or CPA about

  • How each option is taxed after a death (ask your CPA)
  • How it fits with a will or trust (ask your attorney)
Spouses and registered domestic partnersCommunity propertyEach spouse owns half, and each can leave their half to anyone by will.
Survivorship
No
Leave it by will
Yes, each spouse’s half
Shares
Equal (community property)
Who can use it
Spouses and registered domestic partners only

Good to know

  • California is one of nine community property states. [verify]
  • A deceased spouse’s half passes under their will, or by law if there is none.
  • A court process may be needed to transfer a deceased spouse’s half unless the property is in a trust.

Ask your attorney or CPA about

  • How it compares with community property with right of survivorship for your plans
  • Tax treatment after a death (ask your CPA)
Two or more peopleJoint tenancyTwo or more people own equal shares. When one dies, their share passes to the surviving owners.
Survivorship
Yes, automatic
Leave it by will
No, survivorship overrides a will
Shares
Must be equal
Who can use it
Anyone, including spouses

Good to know

  • A will can’t override joint tenancy survivorship.
  • For spouses, tax treatment after a death can differ from community property. Ask your CPA before choosing.

Ask your attorney or CPA about

  • For spouses: how joint tenancy compares with the community property options (ask your CPA)
  • Whether automatic survivorship matches your wishes

Watch for: one owner can end it

  • A joint tenant can end the joint tenancy for their share by recording a deed, without the other owners’ consent.
  • If that happens, survivorship no longer applies to that share.
Two or more peopleTenancy in commonTwo or more people own shares, equal or not. Each can sell or leave their own share.
Survivorship
No
Leave it by will
Yes
Shares
Any split, such as 50/30/20
Who can use it
Anyone

Good to know

  • Common for investors, business partners, and family members or friends buying together.
  • A deceased owner’s share passes by will or by law, not to the other owners.

Ask your attorney or CPA about

  • A co-ownership agreement: what happens if one owner wants out, dies or can’t pay
  • How shares should be split

Watch for: a forced sale

  • Any co-owner can ask a court to divide or sell the property, even if the others don’t want to.
  • A written co-ownership agreement, drafted by an attorney before closing, can set the ground rules.
One personSole ownershipOne person owns the property alone: a single or unmarried person, or a married person as their sole and separate property.
Survivorship
No
Leave it by will
Yes
Shares
100% to one person
Who can use it
One person

Good to know

  • Without a trust or other plan, the property may need to go through probate at the owner’s death.

Ask your attorney or CPA about

  • If married: the effect on community property rights (ask your attorney)
  • A plan for the property at your death, such as a trust

Watch for: married buyers taking title alone

  • The spouse who isn’t on title is usually asked to sign a quitclaim or interspousal deed.
  • This is easy to miss. Flag it when the order opens, not at signing.
Any ownerLiving trustThe trustee of your revocable living trust holds title, for example “Jane Smith, Trustee of the Smith Family Trust.”
Survivorship
Per the trust’s terms
Leave it by will
The trust decides who inherits
Shares
Per the trust
Who can use it
Anyone with a trust

Good to know

  • If the owner can’t act, the successor trustee can step in under the trust’s terms.
  • Title will usually ask for a certification of trust.

Ask your attorney or CPA about

  • Setting up or updating a trust (estate planning attorney)
  • Whether your lender has rules about lending to a trust

Watch for: the trust that was never funded

  • Owners often say they have a trust, but the property is still in their own names.
  • Ask early: “Is this property titled in the name of your trust?” Then check the vesting deed.
A companyLLC, corporation or partnershipA company owns the property, and whoever its documents authorize signs for it.
Survivorship
Not applicable
Leave it by will
Ownership of the company passes, not the property
Shares
Per the company documents
Who can use it
A legally formed company

Good to know

  • Common for investment and commercial property.
  • Title will ask for formation documents and proof of who can sign.

Ask your attorney or CPA about

  • Liability, tax and lending effects (attorney and CPA)
  • Who is authorized to sign for the company

Watch for: financing

  • Many residential loans aren’t available to an LLC. Confirm with the lender before the contract is written.
  • Moving a property you already own into a company can affect your loan and taxes. Talk to an attorney first.

Related: transfer on death deed

  • A revocable deed that names who receives the property at the owner’s death, without probate.
  • Limited to residential property of one to four units. [verify]
  • California’s law is currently set to expire on January 1, 2032, unless extended. [verify]
  • Before relying on one for a sale or refinance after a death, ask your title officer what will be required.

Compare

Side by side

A quick reference for client conversations. Tax treatment differs by option, so ask a CPA.

OptionWho can use itSurvivorshipProbate at a deathLeave it by willShares
Community property with right of survivorshipSpouses and registered domestic partners onlyYes, automaticGenerally not needed at the first deathNo, survivorship controlsEqual (community property)
Community propertySpouses and registered domestic partners onlyNoMay be needed unless in a trustYes, each spouse’s halfEqual (community property)
Joint tenancyAnyone, including spousesYes, automaticGenerally not needed when an owner diesNo, survivorship overrides a willMust be equal
Tenancy in commonAnyoneNoMay be needed for a deceased owner’s shareYesAny split, such as 50/30/20
Sole ownershipOne personNoMay be needed unless in a trustYes100% to one person
Living trustAnyone with a trustPer the trust’s termsGenerally avoided if the trust holds titleThe trust decides who inheritsPer the trust
LLC, corporation or partnershipA legally formed companyNot applicableThe company continuesOwnership of the company passes, not the propertyPer the company documents

Scenarios

What we see at the closing table

Situations title companies run into, and what would have helped. Details are composites.

The couple who never askedMarried buyers · Vesting choice

A married couple took title as joint tenants because it sounded simple. Years later, after one spouse died, the survivor learned that how title was held affected the taxes when she sold.

What would have helped

Married buyers should know about all their options, including the two community property options, and ask a CPA how each is taxed before choosing.

The trust that wasn’tSellers · Trust not funded

Sellers said at the listing appointment that “everything is in the trust.” Shortly before closing, the title search showed the property was still in their personal names. A new deed had to be prepared, signed, notarized and recorded.

What would have helped

When anyone mentions a trust, ask right away whether the property is titled in the trust, and check the deed early.

Three partners, one holdoutInvestors · Tenancy in common

Three investors bought a rental as tenants in common. Two wanted to sell; the third refused and went to court. The property was sold on terms none of them chose, and legal costs ate into the returns.

What would have helped

Unrelated co-owners should have an attorney draft a co-ownership agreement before closing.

“Just add my kid to title”Owners · Adding someone to title

A longtime owner added an adult child to title “to make things easier.” No one flagged the property tax effects, and the transfer led to a reassessment and a much higher tax bill.

What would have helped

Adding anyone to title can affect property taxes, gift taxes, loans and creditor exposure. Always talk to an attorney and CPA first.

The LLC at the closing tableInvestor · Financing

An investor planned to close in the name of a new LLC. The lender wouldn’t fund to the LLC, and the deal nearly fell apart while the buyer scrambled.

What would have helped

Any mention of an LLC should start a conversation with the lender and an attorney before the contract is written.

Agent checklist

You don’t need to be the legal expert.

You need to know enough to say, “Let’s get your attorney on this before you decide.”

Do

  • Treat vesting as a legal decision, not a closing formality
  • Send clients to an attorney and CPA before they decide, every time
  • Ask anyone with a trust: “Is this property titled in the name of your trust?”
  • Make sure married buyers know about all their options before they choose
  • Confirm the spouse’s quitclaim when a married buyer takes title alone
  • Suggest a co-ownership agreement when unrelated people buy together
  • Call your Priority Title rep or title officer early, before problems develop

Don’t

  • Tell a client which vesting to choose. That’s legal and tax advice
  • Assume clients understand the words on their deed
  • Assume a trust means the property is in the trust
  • Tell a client that adding someone to title is simple
  • Let a client form an LLC before checking the financing

Prop 19: adding or passing property to family

Since 2021, Proposition 19 limits when a home can pass from parent to child without a property tax reassessment. Generally the home must be the parent’s primary residence and become the child’s, and there is a value cap that is adjusted over time. Any change to title within a family should go to an attorney and CPA first. Prop 19 details from the Board of Equalization (opens in a new tab)

Vesting question on a file? Your title officer can tell you what title will need for the vesting your client chooses.

Find your rep 800-982-4637

General information, not legal or tax advice. Adapted from Priority Title’s California vesting tool.