5 Typical Ways to Hold Title to Real Property

Hold Title to Real Property: How various title types impact real estate transactions, taxes, and other factors.

The ownership of real estate is established by what is known as a title, and people might own it as their indefinite leave to remain or to keep it as an investment rental property. There are various real estate title types and uncommon ways to hold title to a real estate asset. It’s critical to be aware of these variations so you can select the approach that best meets your requirements.

Understand that real estate is a kind of property that consists of land and any structures that are built on it before delving further into these distinctions. The property includes any additions to the building. Other immovable resources, such as plants, crops, and natural features, that may be present on that parcel of land are also included in the definition.

Residential and commercial real estate are also possible. Commercial properties, such as warehouses, shopping malls, and other forms of retail space, are examples of commercial real estate. On the other hand, the residential property includes houses, condos, apartments, or any other kind of property designed for residential use.

Hold Title to Real Property: Just What Is a Title?

Hold Title to Real Property: A title is a record that identifies the true owner of a particular piece of property. To represent ownership of both personal and real property, titles may be granted. Anything that is not real estate, such as furniture, machinery, vehicles, collectibles, or works of art, is considered personal property.

On the other hand, the real property encompasses both the actual physical components of real estate as well as a variety of ownership and usage rights. When an asset is sold, the title must be transferred, and it must be free and clear for transfer.

There are various ways to own real estate, and each has effects on the transfer of ownership, financing, collateralization, and taxation. Depending on a person’s unique situation and how they want ownership to transfer in the event of things like death, divorce, or sale, each form of title procedure has pros and cons. The most popular ways to hold the title are as follows:

  • Shared tenancy
  • Tenants by entirety Tenancy in common
  • singular ownership
  • Public property
  • Let’s examine these title categories, their meanings, and the benefits and drawbacks of each.

Hold Title to Real Property: Shared Tenancy

When multiple parties own title to real property jointly and have equal rights to use it throughout their lifetimes, this is known as joint tenancy. A legal arrangement known as a right of survivorship allows for the transfer of ownership in the event that one of the partners dies to the remaining tenant(s). A joint tenancy may be established simultaneously by two tenants. Usually, a deed causes this to happen.

Hold Title to Real Property: Advantages:

As was already indicated, the fundamental benefit of establishing a joint occupancy is that possession is transferred to the surviving landlord in the event that one tenant passes away, avoiding probate even in the absence of a will. The fact that none of the parties to the ownership need to be married or related is an additional advantage. If all parties consent to the split of property and the parties are not married, they may sell the property without filing a court petition. Tenants share ownership of the property and are accountable for it. This means that everyone, not just one person, is responsible for any financial burden associated with the property.

Hold Title to Real Property: Disadvantages:

The disadvantage is that it cannot be transferred by the will to a third party once one of the owners passes away since it automatically passes to the remaining owner and that any refinancing or use of the properties for financial benefit must be approved by all parties.

Another major drawback is that the court could be asked to divide the property and order a sale in order for a creditor with a court order to recover a debt from one of the owners to do so. In other words, each owner assumes a risk associated with the other’s financial decisions.

Hold Title to Real Property: Common Tenancy (TIC)

When two or more people hold title to real land jointly with equal or unequal proportions of ownership, this is known as a tenancy in common (TIC). For instance, Sarah might own 40% of a building while Bob owns 60% of it. The individuals listed on the title also jointly own the property in all respects. Sarah is not restricted to having access to only 40% of the actual property or only 40% of the day, for example. The entire property may be occupied and used by each owner. The real estate’s financial ownership is simply determined by the interest rate.

Tenants in common maintain title separately for their particular portion of the property, unlike joint tenants, and are free to sell or mortgage it at any time. Even years after previous owners engaged in an agreement, this sort of title can be entered into at any moment. In the case of death, ownership will pass undivided to the deceased owner’s heirs. Ownership can also be bequeathed to third parties.

Hold Title to Real Property: Advantages

Tenancy in common permits one owner to utilize the wealth generated by their share of the property as security for loans, while one owner’s creditors can only encumber their share of the property. Purchases are also made considerably simpler with this kind of title.

Hold Title to Real Property: Disadvantages

Survivor rights are not granted automatically under a TIC. Any obligations owed on the property are shared by all renters. For instance, property taxes may fall under joint and several obligations. This implies that each owner is responsible for the entire amount owed. The other owners are responsible if one owner is unable to pay their share. Any liens on that property must be paid off before the entire ownership can be transferred.

Hold Title to Real Property: Tenants as a Whole (TBE)

Owners must be lawfully married in order to employ this approach. Ownership of real land under the premise that a couple is one person for legal purposes is known as “tenants by the entirety” (TBE). By using this technique, they receive ownership as a single entity, with full transfer of title in the event of one of them passing away.

Hold Title to Real Property: Advantages

The benefit of this approach is that no formal action is necessary for the event of one’s spouse’s passing. A will is not required, and no need for probate or any other legal action exists.

Hold Title to Real Property: Disadvantages

The property can really be partitioned and must be conveyed as a single unit. This sort of title immediately changes to a tenancy in common in the event of divorce, allowing each owner to transfer ownership of their specific portion of the property to whoever they choose.

Hold Title to Real Property: Unique Ownership

A person or entity that is legally qualified to hold the title might be said to own property solely. The majority of sole ownership is held by single people, married people who own separate property from their spouse, people who are divorced, and companies that have a corporate structure that enables them to invest in or hold a stake in real estate.

Hold Title to Real Property: Advantages

The biggest benefit of being the single owner of the title is the simplicity with which transactions can be carried out because no other party is required to be informed in order to approve the transaction.

Hold Title to Real Property: Disadvantages

The obvious drawback is the potential for legal complications with ownership transfer in the event that the only owner passes away or becomes unable. The transfer of ownership upon death can be particularly difficult if proper legal documentation, such as a will, is lacking.

Hold Title to Real Property: Public Property

Shared property is a type of ownership that partners want to have collectively after marriage. According to community property, regardless of who made or spent the money, each couple owns (or owes) something equally. As a result, in the event of a divorce or death, the real estate property is divided equally between the spouses. Nine US states—California, Arizona, Nevada, Louisiana, Idaho, New Mexico, Washington, Texas, and Wisconsin—have laws governing the communal property. Personal property acquired during a marriage, including such items as vehicles, furniture, and artworks, may be regarded as communal property in addition to real estate.

Other Methods of Holding Title
Real estate can be fully owned by organizations other than people:

ownership of corporations
Real estate can be owned through a corporation, where the legal entity is a business that is owned by shareholders but is recognized by the law as existing independently of those shareholders.

Hold Title to Real Property: Owners of partnerships

Hold Title to Real Property: Another way to own real estate is through a partnership. An agreement is an arrangement between two or more people to operate a business as co-owners for profit. Some partnerships are created specifically with the intention of owning real estate. These partnerships may also be set up as limited partnerships, in which case the investors assume a lesser degree of responsibility by abstaining from managerial decision-making in relation to the management or transactional matters. In such circumstances, all business decisions are ordinarily made on behalf of the limited partners by one general partner.

Hold Title to Real Property: Trustee status

A trust may also own real estate. On behalf of the trust’s beneficiaries, a trustee manages these legal entities as the property’s owners. Beyond the scope of this essay, there are a number of pros and drawbacks of owning real estate, but they all revolve around managerial power, financial and legal liability, as well as tax and beneficiary concerns.

Hold Title to Real Property: The Conclusion

When buying or selling real estate, ownership is transferred and transferred through the transfer of title. State laws govern how to own real estate, therefore those attempting to choose the best way to obtain and hold real property titles should do their research to ascertain the specific variations for each method as prescribed by their state.

Consult with real estate, legal, and tax experts to establish which type of ownership structure is best for your specific scenario if you’re thinking of owning real estate through a corporate entity, like a company, trust, or partnership.

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