| Alan R. Horvath, Attorney at Law |
| Real Estate - Form of Title |
The manner in which real estate is to be held is an issue that should be resolved carefully before any purchase.
For a husband and wife, there are 4 choices; community property, community property with right of survival, joint
tenancy, and tenancy in common. Each of these choices represent a different set of outcomes involving the disposition
of the property on either death or divorce. It is advisable to discuss your long term goals for the property and for your
family in deciding how to take ownership.
On a large investment, it is possible to set up ownership between multiple parties. This can be done simply via deed
by making each participant a tenant in common with a percentage interest. The principal problem with such an
approach is that each tenant in common owns a percentage of the entire parcel and may legally use it in any manner
that does not interfere with the rights of his co-tenants. Such an approach provides no structure within which to manage
the property, and little ability for any single tenant to liquidate his share. As a result, it is advisable for joint purchases of
this sort to be done within the framework of a trust or some type of corporate shell.
For a husband and wife, there are 4 choices; community property, community property with right of survival, joint
tenancy, and tenancy in common. Each of these choices represent a different set of outcomes involving the disposition
of the property on either death or divorce. It is advisable to discuss your long term goals for the property and for your
family in deciding how to take ownership.
On a large investment, it is possible to set up ownership between multiple parties. This can be done simply via deed
by making each participant a tenant in common with a percentage interest. The principal problem with such an
approach is that each tenant in common owns a percentage of the entire parcel and may legally use it in any manner
that does not interfere with the rights of his co-tenants. Such an approach provides no structure within which to manage
the property, and little ability for any single tenant to liquidate his share. As a result, it is advisable for joint purchases of
this sort to be done within the framework of a trust or some type of corporate shell.
P.O. Box 81
596 Mountain Ranch Rd.
San Andreas, CA 95249
596 Mountain Ranch Rd.
San Andreas, CA 95249
| Phone: 209 754-5291 Fax: 209 754-5293 |
| ahorvathlaw@sbcglobal.net |
| Serving Calaveras, Amador, Tuolumne, and San Joaquin counties, California |
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