A person can own real estate for their primary residence or an investment rental property. For either type of use, a title will legally identify their ownership of the property. There are different kinds of real estate titles, and it’s essential to understand the details of each so you can properly assist and advise your clients. Here’s a breakdown of the different ways to hold a title.
A sole ownership title holding happens when a person or entity can legally hold the title by themselves. This situation can apply to a single (non-married) person or a married person with property apart from their spouse.
When two or more people hold title to real estate jointly, this is called joint tenancy. Both people have equal rights to the property during the duration they hold the title. If one of the partners passes away, the ownership rights go to the surviving tenant. This legal relationship is called the “right of survivorship”.
TIC (Tenancy in Common)
A TIC refers to the instance when two or more people hold title to property jointly with either equal or unequal percentages of ownership. For example, Person A could have a 40% interest in a property, while Person B can have a 60% interest in the same property. Person A wouldn’t be limited to only access to 40% of the property for 40% of the time. Each owner has the right to use the entire property whenever they wish. The percentages only apply to financial ownership.
TBE (Tenants by Entirety)
This method of holding title is only for when the owners are legally married. TBE applies in real estate and works under the assumption that both parties are one person in legal terms. The title would transfer to the surviving partner if one were to pass away.
If you have any questions about the different ways to hold title, give Innovation Title a call today!