Page 31 - Homeowners Manual - Marin County

3� Joint Tenancy: A form of vesting title to property owned by two or more persons, who may or may not be
married, in equal interests, subject to the right of survivorship in the surviving joint tenant(s)� Title must
have been acquired at the same time, by the same conveyance, and the document must expressly declare
the intention to create a joint tenancy estate� When a joint tenant dies, title to the property is automatically
conveyed by operation of law to the surviving joint tenant(s)� Therefore, joint tenancy property is not
subject to disposition by a will� For example: Bruce Buyer, a married man, and George Buyer, a single man,
as joint tenants.

Note: If a married person enters into a joint tenancy that does not include their spouse, the title company
insuring title may require the spouse of the married man or woman acquiring title to specifically consent to
the joint tenancy.

4� Tenancy in Common: A form of vesting title to property owned by any two or more individuals in undivided
fractional interests� These fractional interests may be unequal in quantity or duration and may arise at
different times� Each tenant in common owns a share of the property, is entitled to a comparable portion
of the income from the property and must bear an equivalent share of expenses� Each co-tenant may sell,
lease or will to his/her heir that share of the property belonging to him/her� For example: Bruce Buyer, a
single man, as to an undivided 3/4 interest and Penny Purchaser, a single woman, as to an undivided 1/4
interest, as tenants in common.

Other ways of vesting title include as:

1� A Corporation*: A corporation is a legal entity, created under state law, consisting of one or more shareholders
but regarded under law as having an existence and personality separate from such shareholders�

2� A Partnership*: A partnership is an association of two or more persons who can carry on business for
profit as co-owners, as governed by the Uniform Partnership Act� A partnership may hold title to real
property in the name of the partnership�

3� Trustees of a Trust*: A trust is an arrangement whereby legal title to property is transferred by the grantor
to a person called a trustee, to be held and managed by that person for the benefit of the people specified
in the trust agreement, called the beneficiaries� A trust is generally not an entity that can hold title in its own
name� Instead, title is often vested in the trustee of the trust� For example: Bruce Buyer trustee of the Buyer
Family Trust.

4� Limited Liability Companies (LLC)*: This form of ownership is a legal entity and is similar to both the
corporation and the partnership� The operating agreement will determine how the LLC functions and is
taxed� Like the corporation, its existence is separate from its owners�

*In cases of corporate, partnership, trust ownership or LLC - required documents may include corporate articles
and bylaws, partnership agreements, LLC operating agreements and trust agreements and/or certificates�

Reprinted with permission from the California Land Title Association

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