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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.

According to the Legal Dictionary, the right of survivorship is the power that a successor(s) of a deceased person has to acquire the property of that person upon his or her death. The right of survivorship decides what happens to a piece of property after one of its owners passes away.

The Bottom Line Tenancy by the entirety is a legal arrangement where a married couple shares equal ownership of a property, and ownership automatically passes to the survivor if their partner dies. This allows the survivor to avoid probate and protects the home from any claims against the other tenant.

However, for married couples or friends buying a house together, there are three main ways that they can hold title to real estate: tenancy in common, joint tenancy, and tenancy by the entirety.

In Michigan, three elements are necessary to constitute a valid gift: (1) the donor (i.e. the person making the gift) must intend to gratuitously pass title/ownership of the property to the donee (i.e. the recipient of the gift); (2) actual or constructive delivery of the property must be made; and (3) the donee must

Joint Tenancy Has Some Disadvantages They include: Control Issues. Since every owner has a co-equal share of the asset, any decision must be mutual. You might not be able to sell or mortgage a home if your co-owner does not agree. Creditor Issues.

Filing is mandatory. Affidavit must be filed by the new owner with the assessor for the city or township where the property is located within 45 days of the transfer. The information on this form is NOT CONFIDENTIAL.

Much like in a joint tenancy, spouses who own property as tenants by the entirety each own an undivided interest in the property, each has full rights to occupy and use it and has a right of survivorship.

State Transfer Tax Rate $3.75 for every $500 of value transferred. County Transfer Tax Rate $0.55 for every $500 of value transferred.

Tenancy by entirety (TBE) is a way for married couples to hold equal interest in a property as well as survivorship rights, which keep their property out of probate. It's not 50/50 ownership. With TBE, each spouse owns 100% of the property.