How to Hold Title in California — 6 Ways to Vest, Compared

Why It Matters

Escrow will ask how you want to take title before your closing documents are prepared. It can feel like a quick form, but the choice follows the home for as long as you own it.

Control

Whether one owner can sell, refinance or give away a share without the others.

Inheritance

Whether the home passes automatically to a co-owner, follows a will, or goes through probate.

Taxes & creditors

How the home is taxed when an owner dies, and what a creditor of one owner can reach.

The Six Ways

Spouses & registered domestic partners

Community Property

Each spouse owns half. California presumes this for property bought during the marriage.

Selling or borrowing: Both spouses sign. One spouse can't sell or refinance the home alone.
When a spouse dies: The survivor keeps their own half. The other half passes under the deceased spouse's will, or to the survivor if there is no will. Clearing title usually takes some paperwork, and sometimes a court petition.
Keep in mind: Often considered by married couples for its potential tax treatment: at death, both halves may receive a stepped-up tax basis. Federal tax law does not treat registered domestic partners as spouses, so that benefit generally doesn't extend to them. Confirm with your CPA.

Spouses & registered domestic partners

Community Property with Right of Survivorship

Community property, plus an automatic hand-off to the surviving spouse.

Selling or borrowing: Both spouses sign.
When a spouse dies: The home passes to the surviving spouse automatically, without probate. A will can't send the deceased spouse's half elsewhere.
Keep in mind: It must be written on the deed and accepted by both spouses. Either spouse can later end the survivorship feature, much like severing a joint tenancy.

Any two or more people

Joint Tenancy

Equal shares with a right of survivorship: when one owner dies, the others own it automatically.

Selling or borrowing: An owner can transfer their own share, but doing so breaks the joint tenancy for that share, which becomes a tenancy in common.
When an owner dies: Their share goes to the surviving joint tenants without probate. A will can't override it.
Keep in mind: It must be stated on the deed. For married couples, typically only the deceased spouse's half receives a stepped-up tax basis, which is one reason spouses often compare it with community property.

Any two or more people

Tenancy in Common

Each owner holds a separate share, equal or not, such as 50/50 or 70/30.

Selling or borrowing: Each owner can sell, borrow against, or give away their own share. Everyone shares the right to use the whole property.
When an owner dies: No survivorship. The share passes by will or to heirs, which can mean probate unless it's held in a trust.
Keep in mind: This is California's default when co-owners who aren't spouses or partners don't say how they're taking title. A written co-ownership agreement is wise.

Owners planning their estate

Trust

A trustee holds title for the beneficiaries and follows the trust document.

Selling or borrowing: The trustee signs, as the trust allows.
When an owner dies: A successor trustee takes over under the trust's terms, generally without probate for property held in the trust.
Keep in mind: The deed must actually name the trustee; having a trust document isn't enough on its own. A revocable living trust generally doesn't shield the home from your own creditors.

Business partners

Partnership

The partnership itself holds title, and the partnership agreement sets the rules.

Selling or borrowing: A partner authorized by the partnership can sell or borrow for partnership purposes.
When a partner dies: Their interest in the partnership, not the property itself, is handled under the partnership agreement.
Keep in mind: A partner's personal creditors generally can't take the property directly. They are usually limited to a charging order against that partner's share.

Side by Side

Swipe the table sideways to see all six →

	Community Property	Community Property w/ Survivorship	Joint Tenancy	Tenancy in Common	Trust	Partnership
Who can use it	Spouses & registered domestic partners	Spouses & registered domestic partners	Any two or more people	Any two or more people	A trustee, for the beneficiaries	Partners, in the partnership's name
Shares	Equal halves	Equal halves	Must be equal	Equal or unequal	As the trust provides	As the partnership agreement provides
Selling a share	Both spouses must sign	Both spouses must sign	Allowed, but it ends the joint tenancy for that share	Each owner can sell their own share	Trustee acts as the trust allows	Authorized partner, for partnership purposes
When an owner dies	Their half passes by will, or to the spouse if no will	Passes to the surviving spouse	Passes to the surviving owners	Their share passes by will or to heirs	Successor trustee follows the trust	Handled under the partnership agreement
Probate?	Depends on who inherits	No, for the surviving spouse	No, for the surviving owners	Possibly, unless in a trust	Generally no, for trust property	Depends on the agreement
Creditors	Can generally reach the home for either spouse's debts	Same as community property	Can force a sale of a living owner's share	Can force a sale of one owner's share	Depends on the trust; revocable trusts offer little shield	A partner's personal creditors are usually limited to a charging order
How it's created	Presumed for property bought during marriage	Must be stated on the deed and accepted	Must be stated on the deed	Default for co-owners who don't specify	Deed names the trustee	Deed names the partnership

Before You Decide

Thinking of changing title on a home you already own? That means recording a new deed, and it can affect your property taxes, your income taxes and your loan. Talk to a real estate attorney or CPA before you sign anything.

A few more options that are worth asking your attorney or CPA about:

Sole ownership. One person on title, for example "a married person, as their sole and separate property." If you're married, the title company will usually ask your spouse to sign a quitclaim or interspousal deed. That deed gives up rights your spouse would otherwise have, so both of you should understand it first, ideally with independent advice.
LLC. Common for rentals and investment property. It comes with its own tax, fee and lender considerations.
Revocable transfer-on-death deed. Lets an owner name who receives the home at death without probate, while keeping full control during their lifetime.