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types_of_ownership

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