Most Californians think owning property is simple — your name’s on the deed, so you own it. But how your name appears on that deed can decide whether your family faces months of probate or receives everything smoothly.

In California, property can be held as joint tenants, tenants in common, community property, or the newer community property with right of survivorship. Add in trust ownership, and you’ve got a cast of characters — each leading to a very different ending.

Let’s unpack this together — with real stories, simple charts, and a few estate-planning laughs along the way.

The Basics — Same Home, Different Titles

Imagine three couples buying identical homes in Temecula:

Alex & Bri take title as Community Property with Right of Survivorship.
Marco & Nina (not married) choose Joint Tenancy.
Dani & Eva, two sisters, buy theirs as Tenants in Common with 70/30 shares.

Joint Tenancy means each owner holds a share of the property with a right of survivorship. When one owner dies, the surviving owner automatically becomes the full owner — no probate required, just a new deed showing the survivor as sole owner. Joint tenants are generally presumed to own equal shares, unless the deed clearly states otherwise. It’s simple, but often not the most tax-friendly or flexible, especially for married couples or blended families.

Tenancy in Common, by contrast, allows each owner to hold unequal shares and control their portion independently. When an owner dies, their share passes according to their will or trust — which can work well for siblings or friends, but can trigger probate if no trust is in place.

Community Property is the form of ownership most often used by married couples in California. Assets acquired during marriage are generally considered owned 50/50 by both spouses, regardless of how title is held. However, the title itself matters — if the deed doesn’t include “Right of Survivorship,” the surviving spouse may still need to go through probate to transfer full ownership.

That’s why Community Property with Right of Survivorship (CPWROS) has become the gold standard for many married Californians — it blends the tax advantages of community property with the probate-free simplicity of joint tenancy.

And above all these sits the Revocable Living Trust — which doesn’t change who owns what, but wraps your ownership in an invisible legal envelope that lets your family skip court altogether.

Why It Matters: Probate and Taxes

Here’s the unfun truth: California probate is slow, public, and expensive.
On a $1 million home, statutory fees alone can total around $46,000 — and that doesn’t include court costs or delays.
How you hold title can determine whether your family ever faces that.

Below is a quick visual of probate exposure by title type (lower is better):

See that bar scraping the bottom? That’s property held in a revocable trust.

And taxes tell a similar story. When one spouse dies, certain forms of ownership give the survivor a basis adjustment to fair market value — often called a “step-up in basis.” In plain terms, the property’s tax basis is reset (typically up) to what it’s worth at the date of death, which can significantly reduce capital gains tax when it’s sold.

Community Property and CPWROS typically give the full step-up in basis; Joint Tenancy gives only half. That difference can mean tens of thousands in saved taxes.

Three Real-World Scenarios

1. The Married Homeowners

Alex and Bri bought their Temecula home ten years ago for $500,000. It’s now worth $1 million. When Alex passes away, Bri wants to keep or sell without headaches.

Because their home is titled in their joint revocable living trust as community property, Bri simply continues on as the surviving trustee and beneficiary. No probate is required, so she can manage or sell the home without going through court. And because it’s treated as community property, she typically receives a full basis adjustment to $1 million, which can dramatically reduce capital gains tax if she later sells.

💡 Tip: The key is to make sure your trust and deed both confirm the home’s community property status — otherwise, you could lose that tax benefit.

2. The Sibling Investors

Dani and Eva bought a duplex together, 70/30. They chose Tenancy in Common because their contributions were different. Each put her share into her own trust, so when Dani passes, her kids inherit her 70% smoothly — no messy joint-tenant surprises.

⚠️ Watch out: Tenancy in Common gives flexibility, but it also means shared ownership with no automatic survivorship — and one co-owner can sell or borrow against their share without the other’s consent. For unrelated owners, that can become tricky fast if expectations aren’t clear.

3. The Unmarried Couple

Marco and Nina aren’t married, but wanted automatic survivorship. Joint Tenancy gave them that — when one of them passes away, the survivor automatically owns the home without probate.

⚠️ Watch out: In a joint tenancy, the last one standing inherits everything, no matter what either person’s will or trust says — and breaking up later can get messy.

Each story shows that the best way to hold title depends on your goals — simplicity, control, tax efficiency, or protection.

How to Fix (or Confirm) Your Title

If you’re not sure how your property is held, start by checking your recorded deed. The wording after your names tells the story: “as joint tenants,” “as tenants in common,” “as community property,” or “as community property with right of survivorship (CPWROS).”

If it isn’t what you intended, you can fix it — carefully:

Decide your goals (probate avoidance, taxes, control).
Consult your attorney to confirm the right form.
Prepare and record a new deed (often a Grant Deed or Interspousal Transfer Deed).
Update your trust and insurance records accordingly.

Done right, this small change can spare your loved ones months of legal work later.

So Which One Should You Choose?

For married Californians, holding a home as community property with right of survivorship — or confirming it as community property within a joint revocable living trust — often hits the sweet spot: probate-free transfer, a full step-up in basis, and total control while both spouses are alive.

For friends, siblings, or investors, Tenancy in Common gives flexibility — just remember to place each share inside a trust to avoid probate and define each person’s rights clearly.

And for unmarried couples, Joint Tenancy works as a quick fix for survivorship — but it’s not the endgame. A better long-term approach is often to use separate trusts that protect each partner’s interests while keeping things clear if life changes.

The Bottom Line

Title might sound like fine print, but in California it shapes everything — taxes, control, and how your family inherits your home.

At DeCosimo Law, we review deeds every day for families who discover, sometimes years later, that their property title doesn’t match their plan. With one short meeting, we can help you confirm how your home is titled, whether it fits your estate goals, and what simple steps can make it airtight.

The good news? Changing title doesn’t have to be scary — and it’s one of the fastest ways to bring peace of mind to your estate plan.

Disclaimer: This article is for educational purposes only and is not legal or tax advice. Always consult your attorney or CPA for your specific situation.

How You Hold Title in California, and Why It Can Make or Break Your Estate Plan