Holding Title Santa Clara County

by vbrasil on February 16, 2009

santa clara vesting title, santa clara holding title

Title to real property in Santa Clara County may be held by a single individual or entity, known as Sole Ownership, or by two or more individuals and/or entities known as Co-Ownership. Examples of common ways to hold title are listed below.

Sole Ownership

Where one individual or entity is sole owner of the realty.

  1. A Single Individual:
    A single individual who has not been legally married or registered as a Domestic Partner.
  2. An Unmarried Man or Unmarried Woman:
    A man or woman who was previously married and is now legally divorced.
  3. A Married Man or Married Woman, or Registered Domestic Partner as his/her Sole and Separate Property:
    A married man or woman who is either married or a registered domestic partner who will hold title without a spouse or registered domestic partner (the title company insuring title may specifically require the excluded spouse to relinquish his or her right, title and interest to the realty by recorded quitclaim deed or other recorded instrument).

Co-Ownership

Where two or more individuals or entities are the owners of the realty.

  1. Community Project:
    A form of Co-Ownership by a legally married husband and wife.
  2. Community Property with Rights of Survivorship:
    A form of Co-Ownership by a legally married husband and wife which includes the benefits of community property and that of joint tenancy.
  3. Joint Tenancy:
    A form of Co-Ownership by two or more individuals (none of which can be a corporation, partnership Limited Liability Company or trustees of a trust) in equal shares, by a title created by a single transfer, when expressly declared in the transfer to be a joint tenancy. The joint tenants must derive their title at the same time from a single transfer, share identical interests and have equal rights of possession. On the death of one Co-Tenant the survivor or survivors take no new title but hold the entire estate under the original transfer.
  4. Tenancy in Common:
    A form of Co-Ownership with two or more individuals or entities. The interest of each individual or entity may or may not be stated and may not be equal. A Tenant in Common has the right to deal with its interest as it sees fit – sell, hypothecate, lease, gift, etc.

Other Forms of Ownership

Entities created under state law. Such entities are:

  1. Corporation:
    An artificial entity created under the authority of the laws of a state usually regarded separate from its shareholders.
  2. Partnership:
    An artificial entity created under the authority of the laws of a state as an assoication of two or more individuals or entities to carry on, as co-owners, a business for profit.
  3. Limited Liability Companies (L.L.C.):
    An artificial entity created under the authority of the laws of a state and can be considered a hybrid of a corporation and partnership.
  4. Trust:
    A confidence in one person to hold and administer for the benefit of another. The legal title to realty is held by the trustee who may be an individual, an entity or both who manages the realty for the benefit of others called the beneficiaries.

For more examples on how to hold title download the Common Ways of Holding Title.

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