HOW SHOULD CLIENTS TAKE TITLE TO THEIR HOME?

COMMON WAYS TO HOLD TITLE

I - JOINT TENANCY

The worst part about joint tenancy is the owner who dies first cannot control what happens to the property after his or her death. Joint Tenancy ensures that there will be a probate upon the death of the second joint tenant. Finally, the surviving joint tenant will pay capital gain on one-half of the property after the death of one joint tenant.

II - COMMUNITY PROPERTY

Possibly the most common way for married couples to own property, Community Property causes half of the property owned as community property to be probated upon the first death, and the whole property must be probated upon the second death. Probate is not fun- it is time-consuming and costly!

III - COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP

Community Property with Right of Survivorship (CPw/ROS): “He Who Dies Last Wins” Community Property with Right of Survivorship (CPw/ROS) is a form of joint ownership unique to married couples or registered domestic partners in certain states like California. It allows spouses to own property equally, with the added benefit that when one spouse passes away, the other automatically inherits the entire property — without going through probate.

It sounds simple, but there's a catch:

The surviving spouse gets full control over what happens to the property — including who gets it when they pass.

This is why it’s often referred to as a “he who dies last wins” situation.

💡 Real-World Example: Maria and James bought a home together in Temecula. They titled it as Community Property with Right of Survivorship.

James dies first.

By law, Maria now owns 100% of the house — no court, no probate.

But when Maria later passes away, she can leave the home to anyone she wants: her kids, a new spouse, a charity — even excluding James’s children from a prior marriage.

If James had wanted to ensure his children eventually inherited part of the home, CPw/ROS would not have protected that wish.

IV - THE FOURTH AND BEST WAY TO OWN PROPERTY – A REVOCABLE LIVING TRUST

The best way for your homeowners to own their property is in a revocable living trust.
A properly drafted and funded trust will avoid time-consuming, expensive, and public probate upon the first death and the second death.
A revocable living trust will make sure that the right people receive the property after the death of both owners and that it doesn’t go to creditors, predators, or future spouses.