types_of_ownership
Table of Contents
Types of Ownership
1. Sole Ownership
Ownership held by one individual or legal entity.
- Also called severalty
- Owner has full bundle of rights
- Common with single buyers or entities (LLCs, corporations)
2. Co-Ownership
Ownership shared by two or more persons or entities.
a. Tenancy in Common
- Separate but undivided interests
- Interests may be equal or unequal
- Each owner may sell or will their interest
- No right of survivorship
- Default form of co-ownership in California
b. Joint Tenancy
- Equal ownership interests
- Includes right of survivorship
- Requires the four unities: time, title, interest, possession
- Upon death, interest passes automatically to surviving joint tenant(s)
c. Community Property
- Ownership by married spouses or registered domestic partners
- Property acquired during marriage or partnership
- Equal interests
- No right of survivorship unless specified
d. Community Property with Right of Survivorship
- Equal ownership by spouses or registered domestic partners
- Combines community property and survivorship
- Avoids probate for the deceased spouse’s interest
3. Ownership in Trust
Property held by a trustee for the benefit of beneficiaries.
- Trustee holds legal title
- Beneficiaries hold equitable title
- Common for estate planning and probate avoidance
4. Ownership by Business Entities
Property owned by legal entities rather than individuals.
- Corporations
- Limited Liability Companies (LLCs)
- Partnerships
Title is held in the name of the entity.
types_of_ownership.txt · Last modified: by reidjs
