San Diego Tax Collector title-vesting-schedule.html

San Diego Tax Collector title-vesting-schedule.html¶

Source: https://www.sdttc.com/content/ttc/en/tax-collection/property-tax-sales/title-vesting-schedule.html

Title Vesting Schedule

This is provided for informational purposes only. Specific questions

for actual real property transactions should be directed to your

attorney or accountant.

| |

Tenants in

Common |

Joint

Tenants |

Community Property

Parties

Any number of persons,

can be husband and wife |

Any number of persons,

can be husband and wife |

Can only be husband and

wife

Division

Ownership can be

divided into any number of interests

Ownership interest cannot

be divided |

Ownership interests

are equal

Title |

Each co-owner has a

separate legal title to his undivided

interest |

There is only one title

to the whole property |

Title is in the community

similar to title being in a partnership

Possession

Equal rights of

possession |

Equal rights of

possession |

Equal rights of

possession

Conveyance

Each co-owner’s interests

may be conveyed separately by its owner

Conveyance by the one

co-owner without the other breaks the joint

tenancy |

Both co-owners must join

in conveyance of real property. Separate interests cannot be

conveyed

Purchaser's

Status |

Purchaser becomes a

tenant in common with the other co-owners

Purchaser becomes a

tenant in common |

Purchaser can only

acquire whole title of community; cannot acquire a part of

Death |

On co-owner’s death, his

interest passes by will to his devisees or heirs. No right

of survivorship |

On co-owner’s death, his

interest ends and cannot be willed to his heirs Survivor

owns the property by right of

survivorship |

On co-owner’s death, 1/2

goes to survivor in severalty. Up to 1/2 goes by will or

succession to others (Consult attorney with specific

questions.)

Successor's

Status

Devisees of heirs become

tenants in common |

Last survivor owns

property in severalty |

If passing by will,

tenancy in common between devisees and survivor

results

Creditors

Co-owner’s interest may

be sold on execution sale to satisfy his creditors. Creditor

becomes a tenant in common |

Co-owner’s interest may

be sold on execution sale to satisfy his creditors. Joint

tenancy is broken, creditor becomes a tenant in

common |

Co-owner’s interest

cannot be seized and sold separately. The whole property may

be sold to satisfy debts of either husband or wife,

depending on the debt. (Consult attorney with specific

questions)

Presumption

Favored in doubtful cases

except husband and wife (see community

property) |

Must be expressly stated

and properly formed |

Strong presumption that

property acquired by husband or wife in

community

Taking Title to Property Purchased at Public Auction

The following samples are provided as a guide to assist you in

determining how you want your property deeded. It is important to

decide how you want the title to be recorded before you register for

the public auction as records will not be changed once

submitted.

John Doe and Jane Doe,

as: |

Husband and Wife as

Joint Tenants

Husband and Wife as

Tenants in Common

Husband and Wife

as Community

Property

John Doe,

as: |

a Married Man, as

Sole and Separate Property

a Single Man

an Unmarried

Man

a Widower

Accommodator

Jane Doe,

as: |

a Married Woman, as

Sole and Separate Property

a Single

Woman

an Unmarried

Woman

a Widow an

Accommodator

John Doe and Jane Smith,

as: |

a Single Man and a

Single Woman as Joint Tenants

a Single Man and a

Single Woman as Tenants in

Common

John Doe and Tom Smith,

as: |

a Single Man and a

Single Man as Joint Tenants

a Single Man and a

Single Man as Tenants in

Common

John Doe, a Married Man,

as to an Undivided

1/2 Interest and

Jane Smith, a Single Woman,

as to an Undivided

1/2 Interest, as:

Tenants in

Common

John Doe, as Trustee of

the: |

Jane Doe Living

Trust

Jane Doe 2005

Revocable Trust

Jane Doe

Irrevocable Trust

Doe Family

Trust dated 2005

John Doe and

Jane Doe Trust Agreement dated

2005

Doe and Doe,

as: |

a Partnership

a Family

Partnership

a General

Partnership

a California

Partnership

Corporation

California Corporation

California Non-Profit Corporation

California Closed

Corporation