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The most recognized form for a married couple is to own their home as Tenants by the Entirety. A tenancy by the entirety is ownership in real estate under the fictional assumption that a husband and wife are considered one person for legal purposes. This method of ownership conveys the property to them as one person.
If title is held in joint tenancy, it means that two or more co-owners have an equal interest in a property. When a co-owner dies, the surviving co-owners automatically receive the deceased co-owners share of the property. This right of survivorship is implied when title is held in joint tenancy.
California mainly uses two types of deeds: the grant deed and the quitclaim deed. Most other deeds you will see, such as the common interspousal transfer deed, are versions of grant or quitclaim deeds customized for specific circumstances.
Trustees Of A Trust 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.
With community property, the step-up basis applies to the whole property; with joint tenancy, only the deceased tenants half receives the step-up basis. This can have serious tax implications if and when the surviving tenant sells the property.
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In addition, California allows married couples to hold property as community property with right of survivorship. Each method has its own advantages. You may want to hold title differently for different parcels of real estate, depending on who the other owners are.
Joint tenancy is a property ownership structure between two or more co-owners in which each person owns an undivided interest of the property (called joint tenants). In California, the majority of married couples hold their real estate property as joint tenants with right of survivorship.
Joint tenants own equal shares in the property and received their interest at the same time, with the same deed. Tenants in common do not necessarily own equal shares of the property and may have come to own their shares at different times.
Changing the Deed on Your House. Record a new deed. You need to record a community property with right of survivorship deed with the county assessor. This is a deed in which you and your spouse transfer the property to yourselves as community property with right of survivorship.
It is community property with an added feature: when one spouse dies, it passes automatically to the surviving spouse. Survivorship community property is a way of holding title to specific assets that is available only to married couples (or registered domestic partners).

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