Tenancy Common

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.

The name and address of the seller (called the grantor) The name and address of the buyer (called the grantee) A legal description of the property (found on the previous deed) A statement that the grantor is transferring the property to the grantee.

If you live in a common-law state, you can keep your spouse's name off the title the document that says who owns the property.You can put your spouse on the title without putting them on the mortgage; this would mean that they share ownership of the home but aren't legally responsible for making mortgage payments.

Joint Tenancy Two or more people, including spouses, may hold title to their jointly owned real estate as joint tenants. There is a so-called right of survivorship, which means that when one dies, the property automatically transfers to the survivor without the necessity of probating the estate.

To make the form legally binding, you must sign it in front of a notary public. You must then file your signed and notarized deed with the county office that's in charge of recording property documents. Once the grantee signs the warranty deed, he/she legally has ownership and claim to the property.

In California, all property bought during the marriage with income that was earned during the marriage is deemed "community property." The law implies that both spouses own this property equally, regardless of which name is on the title deed.

In estate law, joint tenancy is a special form of ownership by two or more persons of the same property. The individuals, who are called joint tenants, share equal ownership of the property and have the equal, undivided right to keep or dispose of the property. Joint tenancy creates a Right of Survivorship.

Although not required, hire a title company that will help with the deed modification process. Create a new document called a deed transfer. Each owner will sign the new deed in the presence of a notary, who will make the document official with a stamp.