Welcome or Register
If you will be moving to or from Augusta I can help! 

Contact me today to make your relocation process as painless
and worry-free as possible! 
Back to Table of Contents

Common Ways of Holding Title

How Should I Take Ownership of the Property I am Buying?

Real property can be incredibly valuable and the question of how parties can take ownership of their property is important. The form of ownership taken -- the vesting of title -- will determine who may sign various documents involving the property and future rights of the parties to the transaction. These rights involve such matters as: real property taxes, income taxes, inheritance and gift taxes, transferability of title and exposure to creditor’s claims. Also, how title is vested can have significant probate implications in the event of death.

The Land Title Association (LTA) advises those purchasing real property to give careful consideration to the manner in which title will be held. Buyers may wish to consult legal counsel to determine the most advantageous form of ownership for their particular situation, especially in cases of multiple owners of a single property.

The LTA has provided the following definitions of common vesting as an informational overview. Consumers should not rely on these as legal definitions. The Association urges real property purchasers to carefully consider their titling decision prior to closing, and to seek counsel should they be unfamiliar with the most suitable ownership choice for their particular situation.

Common Methods of Holding Title

SOLE OWNERSHIP

Sole ownership may be described as ownership by an individual or other entity capable of acquiring title. Examples of common vesting in cases of sole ownership are:

  1. A Single Man/Woman:

    A man or woman who has not been legally married. For example: Bruce Buyer, a single man.

  2. An Unmarried Man/Woman:

    A man or woman who was previously married and is now legally divorced. For example: Sally Seller, an unmarried woman.

  3. A Married Man/Woman as His/Her Sole and Separate Property:

    A married man or woman who wishes to acquire title in his or her name alone.

    The title company insuring title will require the spouse of the married man or woman acquiring title to specifically disclaim or relinquish his or her right, title and interest to the property. This establishes that it is the desire of both spouses that title to the property be granted to one spouse as that spouse’s sole and separate property. For example: Bruce Buyer, a married man, as his sole and separate property.

CO-OWNERSHIP

Title to property owned by two or more persons may be vested in the following forms:

  1. Community Property:

    A form of vesting title to property owned by husband and wife during their marriage, which they intend to own together. Community property is distinguished from separate property, which is property acquired before marriage, by separate gift or bequest, after legal separation, or which is agreed to be owned only by one spouse.

    Real property conveyed to a married man or woman is presumed to be community property, unless otherwise stated. Since all such property is owned equally, husband and wife must sign all agreements and documents of transfer. Under community property, either spouse has the right to dispose of one half of the community property, including transfers by will. For example: Bruce Buyer and Barbara Buyer, husband and wife as community property.

  2. Joint Tenancy

    A form of vesting title to property owned by two or more persons, who may or may not be married, in equal interest, 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 will. For example: Bruce Buyer and Barbara Buyer, husband and wife as joint tenants.

  3. 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:

  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. As Trustees of A Trust*:

    A trust is an arrangement whereby legal title to a 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.

  4. Limited Liability Companies (L.L.C.)

    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 L.L.C. functions and is taxed. Like the corporation its existence is separate from its owners.

*In cases of corporate, partnership, L.L.C. or trust ownership - required documents may include corporate articles and bylaws, partnership agreements, L.L.C. operating agreement and trust agreements and/or certificates.

Remember:

How title is vested has important legal consequences. You may wish to consult an attorney to determine the most advantageous form of ownership for your particular situation.

Back to Table of Contents
agent photo
Sandra Cullinan
Vice President/Associate Broker

Meybohm Real Estate
6004 Evans Town Center Blvd.
Evans, GA 30809
Office: 706-863-8218 
Extension: 2471
Fax:  706-855-7847
Cell:  706-533-3353
Email:  scullinan@meybohm.com

 

Testimonials

Sandra was very friendly, helpful and honest, she worked very hard! Mr. Schlabach
Sandra was very helpful and made sure that we understood everything that was going on during the whole process. We had a great experience with her. She also kept us very informed through the whole process. She was very friendly and knew exactly what she was talking about when it came to helping us out. We would recommend her to anyone! She is AWESOME!! Mr. Lunz
Sandra did a terrific job! We were under tight time constraints and she made sure we saw lots of homes- all of which met the criteria we provided! Mr. Guay and Mrs. Madden
Sandra Cullinan was wonderful! She made my first home buying experience wonderful as well! Great job! Ms. Altman
Sandra Cullinan is by far the best agent I have worked with in over 7 home purchases! Great experience! She is very knowledgeable in the market, best in the Augusta area! Mr. Allen T. Berry
Sandra Cullinan made our selling and buying a smooth transition. I have recommended her to several friends. She was WONDERFUL! I have dealt with other real estate companies. Meybohm has been the best! Communication was excellent!! Thank you Meybohm!! Mr. and Mrs. Chris Pryor
Sandra had excellent knowledge of the local real estate market, builders and neighborhoods. We looked at a lot of houses and I got a great house at a good price. Cannot ask for much more than that! Mr. Brett A. Paye
I would recommend Sandra because she was knowledgeable regarding short sale and other services I wanted to take advantage of. Also, she and her assistant Andrea consistantly handled themselves professionally and friendly. Not only did we give them a deadline that we had to sell due to military, there was also the added irritant of Chase Bank. With all this, yet Sandra met every challenge and excelled. Thank you. Mr. and Mrs. William T. Payne
Excellent service, friendly and knowledgeable! Mr. and Mrs. Marc Gianotli
Sandra Cullinan was a great help to us and was looking out for us with the sale. We have sold a home and purchased a home with Sandra. When we are ready to sell again (2-5 years), we will search out Sandra Cullinan. Mr. and Mrs. David A. Pierce
Sandra Cullinan is the best realtor in all of Augusta, maybe even the country. What a wonderful, caring, knowledgeable agent she is and truly an asset to Meybohm Realty- She ROCKS! Marilyn B. Altman
Sandra Cullinan went above and beyond her duties. She is a God send person. I will have her to purchase a new house in the future. Thank you for all your services. Patricia Washington
During our house hunting process we were able to see many homes without feeling the pressure of closing the deal. Our agent's goal was for us to find the right house and not just sell a house. Mr. Saman Nazar Zangana
Honest, great knowledgeable sales people Pamela B. Kennedy
Prompt service Tony E. Meade
Very early as we were simply being introduced to Augusta and the real estate market, we were not particularly pleased with service. With our connection to Sandra Cullinan however, we found energy and an accurate assessment of what our thoughts on what we bought. Mr. and Mrs. David L. Barcus
Sandra and Andrea were very helpful throughout the entire process. They constantly communicated with me via email and phone calls while I was doing my house hunting. My wife and I are very pleased with our new home! Thanks Sandra, Andrea and Meybohm! Mr. Anthony Weaver
Sandra and Andrea did a great job! Jill Churchill
Our home buying experience went very smooth. Mr. and Mrs. Hyun Ha
Excellent service, very knowledgeable and professional service, will definitely use Meybohm in the future! Ronald C. Blue
Sandra and Andrea were wonderful to work with. They made the entire process easy and stress free! Mr. and Mrs. Jansen Johnston
"It was so nice to find an agent like Sandra Cullinan. We lived out of the area and my husband was ill much of the time,This placed an added burden on Sandra to make sure that our property was always ready to show, which she handled with grace and compassion. When we needed to have repairs done she was our go between with the workers. She was always available by phone or email and was prompt in her response. I would highly recommend Sandra Cullinan to anyone needing a real estate agent. " Barbara Rollins, Orlando, Fl.
View All

ABR - Accredited Buyer RepresentativeASR - Accredited Seller RepresentativeCNHS - Certified New Home SpecialistCRS - Certified Residential SpecialistEqual Housing OpportunityMLS membershipREALTOR® certificationSRS - Seller Representative SpecialistMilitary Relocation Specialist

Real Estate Websites by iHOUSEweb iconiHOUSEweb | Admin Menu