As a general rule married couples should take title to any California real estate they own, accumulated during their marriage, as “Community Property with Right of Survivorship.” That’s the take-home bullet.

Which type of ownership must be between spouses?

Community property with the right of survivorship is a way for married couples to hold title to property, although it is only available in the states of Arizona, California, Nevada, Texas, and Wisconsin.

Should both names be on house title?

It is generally okay to have two names on title and one on the mortgage. If you default on the payments, however, the lender can still foreclose on the home, despite that only one spouse is listed on the mortgage. So while you are not legally obligated to pay the mortgage, someone must pay it to avoid foreclosure.

How does a married couple get title to their property?

The consequence was a big fat probate fee for the wife to become sole owner after the husband died. That result could have been avoided. California married couples generally have three options to take title to their community (vs separate) property real estate: community property, joint tenancy or “Community Property with Right of Survivorship.”

Which is the best way to hold title to real estate?

Joint tenants with right of survivorship: This is how most married couples hold title, because it seems fair, it’s easy and it’s free. Parents and their adult children also often hold title this way, as do unmarried couples. Indeed, when one owner dies, full ownership does transfer automatically to the surviving owner without probate.

Can a married couple hold title without probate?

This is how most married couples hold title because it seems fair, it is easy, and it is free. Parents and their adult children also often hold title this way, as do unmarried couples. Indeed, when one owner dies, full ownership does transfer automatically to the surviving owner without probate.

Do you have to have a will to title a property?

What to know: If you own a property via tenancy in common and don’t have a will, your share of the property will be distributed based on state probate law. Some states allow married couples to own a property via this title method, which gives both spouses full ownership of the property. This is most common in community property states.