FAQs About Holding Title To Real Estate

Aug 25, 2022 | Holding Title

Most people don’t think much about property titles. Even property owners often fail to consider various implications of holding title to real estate. They become interested only when they need to do something with a title.

Common questions come up when people need to know more about titles. This post will cover FAQs about holding a real estate title.

Common Questions About Holding Title to Real Estate

What is a real estate title?

A title is a document that represents ownership of a piece of property. The document will describe the property and who owns it. It will also determine the rights the owner (or owners) has to the property. A title will come with the right to possess and occupy the property.

Is a title the same as a deed?

People often find confusion when it comes to these terms. Titles and deeds are different. A title is the legal representation of ownership. When you hold the title, you own the property. Deeds are documents that facilitate the transfer of a title.

Are there different ways to hold title?

Yes. The ownership of real property can take many forms. One or more individuals or entities can also hold title to the same piece of property. Common ownership structures include joint ownership, sole ownership, common tenancy by entirety, and community property. Read this post to learn more about the different types of titles.

Can one spouse in a marriage hold property separate from the other?

One spouse can hold property independent of the other. In most cases, it would be the spouse holding the property as a sole owner. While this can be useful in some situations, it may cause legal issues if the property owner dies. The surviving spouse might need to go through the probate process to obtain title to the property.

Can I add my spouse to the title of property I own?

Yes. You can add your spouse to the title of a home you own. Many people follow this process after getting married. By adding your spouse to the title, you can ensure the right of survivorship in the event of your death. The process involves filing a quitclaim deed with the signatures of both spouses.

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