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Commonly Asked Questions about Real Estate Documents for Married Couples

Simplified Inheritance If one spouse passes away, having both names on the title can simplify the inheritance process for the surviving spouse and any heirs.
Spouses typically acquire title as tenants by the entireties, which only applies to spouses. Sometimes you will see a couple who acquired the property before marriage. In some states, a pre-marital joint tenancy automatically becomes tenants by the entireties upon marriage.
If you are refinancing a loan or taking title to property you want to share with your spouse, make sure the deed reads after your name: Community Property with Right of Survivorship.
Utilizing a revocable trust is the best way for a married couple to take title. Titling property in your trust avoids probate upon the death of both the initial and surviving spouses and preserves the capital gains step up for the entire property on the first death.
Tenancy by the Entirety If one of the spouses passes away, the surviving spouse immediately acquires sole ownership of the property. This form of ownership is only legal in certain states. Here is why tenancy by the entirety is often the best way to hold title for a married couple.
Joint Ownership If you own the property in joint tenancy (also called joint tenancy with right of survivorship) or tenancy by the entirety, the property automatically belongs to the surviving spouse when one spouse diesno matter what the deceased spouses will says.
Additionally, it makes sense to only have one person on the mortgage if there is something you want to do in the future with your other investments. Regardless of what the situation might be, we always recommend that both names should go on the title to ensure that both individuals are equal owners of the property.