Home Forums US Life 구매하는 집을 부부공동명의로 할 경우 장점 혹은 단점? 구매하는 집을 부부공동명의로 할 경우 장점 혹은 단점? Name * Password * Email 주마다 다른 제도부터 공부하시는 것이 좋을 듯. .보통은 "Community Property with Right of Survivorship" 으로 하는 듯 https://www.ocrealestateguy.com/how-to-hold-title-in-california/ <strong>Sole Ownership</strong> – This one is pretty self-explanatory. This is when one person holds title to a property without any co-owners. In California, if there is only one person listed on the deed, then vesting will default to Sole Ownership. The drawback with this vesting is that when the owner dies, the property will be probated through the court. <strong>Transfer on Death Deed</strong> – This is a new one in California that went into affect in January 2016 (Assembly Bill 139). A transfer on Death Deed is a probate-free alternative to sole ownership that allows a property owned by a single person to be passed directly to a designated party upon the owner’s death. The advantage of this deed is that the property can be passed directly without going through probate, provided it meets certain criteria. <strong>Joint Tenancy</strong> – This type of vesting requires multiple owners and includes a “right of survivorship.” This means that when one of the owners dies, his/her ownership is absorbed by the surviving co-owner(s) avoiding the probate process (Yay!). Joint Tenancy also stipulates that each co-owner has equal interest in the property. Because there is a right of survivorship, however, none of the owners can will their interest to anyone else. But, an owner is still free to sell or transfer his/her interest while still alive. Doing so would simply negate the Joint tenancy and replace it with a Tenancy in Common. <strong>Tenancy in Common</strong> – Tenancy in Common allows multiple people to own a property without a right of survivorship. Also, ownership can be divided amongst co-owners in whichever proportions they choose (for example, Jack owns 25%, Jill owns 75%). The ownership interest proportions just need to be defined on the deed, otherwise California will default to equal ownership. With this type of vesting an owner is free to will, sell or even encumber their own stake in the property separately from the other owners. The drawback with this vesting is that, without right of survivorship, each co-owners interest will be subject to probate. <strong>Community Property </strong>– Community property is a type of vesting reserved for married couples. <blockquote> In California, any property that a married person acquires title to is considered to be community property unless specified otherwise</blockquote> . This means that the husband and wife have equal ownership to the property. If a married person wants to buy property without the other partner, the other partner needs to sign away any claim to it. Community property is owned equally by both spouses, but can be willed separately, so if one of the spouses dies that spouses 1/2 interest will pass through the probate process. There is also an option to hold title as Community Property with Right of Survivorship. In this scenario the property would not go through probate, rather, the surviving spouse would assume full ownership. <strong>Living Trust </strong>– The best way to avoid a property going through probate is to deed the property to a living trust. When the owner dies, the property is then transferred, outside of probate, to a trustee who manages the estate according to the deceased owners wishes rather then the court managing the estate. I agree to the terms of service Comment