How to Hold Title to Real Estate
JOINT TENANTS WITH FULL RIGHTS OF SURVIVORSHIP- Surviving owners automatically inherit equally the share owned by the deceased owner. Each owner must own an amount equal to the other owners. Each owner must be a natural person, not a business entity or trust.
TENANTS IN COMMON- Any number of people may own property together as tenants in common. They may own equal or unequal shares. Each may dispose of his or her shares as they see fit. Property may be sold and proceeds divided proportionately among the tenants in common. In the event of death, the property of a tenant in common descends to the heirs and not necessarily to the other surviving owners.
HUSBAND AND WIFE A/K/A TENANTS BY THE ENTIRETIES- A form of ownership by husband and wife whereby each owns the entire property. In the event of the death of one, the survivor owns the property without probate so long as the parties were continuously married to each other during ownership.
IN THE NAME OF A TRUST- In Florida, we are not able to insure trusts as legal entities holding title, unless title is in the full name of a trust, including the date of the trust. Preferably, title should be given to a trustee of a trust, with the name and date of the trust. For example: John Smith, Trustee of the Smith Family Trust dated May 1, 2008
If you have any questions, please do not hesitate to reach out to one of our innovative title partners.