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How to Hold Title in California: Every Vesting Option Compared
Trust, joint tenancy, community property, tenancy in common, LLC, life estate, TOD deed — what each one does to survivorship, probate, taxes, and your next closing.
Short answer: In California you can hold title as a sole owner, as spouses (community property, community property with right of survivorship, or sole and separate), as co-owners (joint tenancy or tenancy in common), through a revocable living trust, or through an entity such as an LLC. The right choice depends on survivorship, probate exposure, and step-up in basis — not on price. Your attorney or CPA advises on the choice; Matt Goeglein and Xavier de la Piedra IV at Fidelity National Title make sure the deed and the title order match it.
California vesting options side by side
Use this table as a starting point for the conversation with your attorney or CPA. Every row links to a deeper explainer as we publish it.
| Vesting | Typically used by | Survivorship | Probate exposure | Step-up in basis | Ease of transfer |
|---|---|---|---|---|---|
| Sole ownership | One unmarried buyer, or a married buyer taking title alone | No | Yes, unless a trust or TOD deed is used | Full step-up at death | Simplest — one signature |
| Married person as sole and separate property | A married buyer purchasing with separate funds | No | Yes, unless held in trust | Full step-up on the owner's share | Requires a recorded interspousal transfer deed at purchase |
| Community property | Married couples and registered domestic partners | No | Yes for the decedent's half | Double step-up on the whole property | Both spouses must sign |
| Community property with right of survivorship | Married couples who want both the tax basis and the automatic transfer | Yes | Avoided at the first death | Double step-up on the whole property | Both spouses must sign; affidavit of death clears title |
| Joint tenancy with right of survivorship | Two or more owners in equal shares — spouses, siblings, parent and child | Yes | Avoided at each death until the last owner | Step-up only on the decedent's share | Any owner can sever the joint tenancy by deed |
| Tenancy in common | Investors, unmarried co-buyers, unequal contributions | No | Yes for each owner's share | Step-up only on the decedent's share | Each owner can sell or encumber their fractional interest |
| Revocable living trust | Owners who want to avoid probate and control what happens next | Governed by the trust | Avoided for assets actually deeded into the trust | Same as the underlying ownership | Trustee signs; title requires a certification of trust |
| LLC or corporation | Rental portfolios, partnerships, liability-conscious investors | Governed by the entity documents | Avoided at the property level; the membership interest still transfers | Depends on entity structure — ask your CPA | Requires entity docs, operating agreement, and authority to sign |
| Partnership / tenancy in partnership | General and limited partnerships holding real property | Governed by the partnership agreement | Property stays with the partnership | Depends on partnership accounting | Partnership agreement and authority must be delivered to title |
| Registered domestic partners | Partners registered with the California Secretary of State | Depends on the vesting chosen | Same rules as spouses under California law | Same as the equivalent spousal vesting | Both partners sign |
| Life estate with remainder | A parent who wants to stay in the home and pass it to children | Remainder interest vests automatically | Avoided for the remainder interest | Generally a step-up for the life tenant's interest | Life tenant cannot sell clear title alone |
| Revocable transfer on death (TOD) deed | Single-property owners looking for a low-cost probate workaround | Passes to the named beneficiary at death | Avoided for that one property | Step-up at death | Revocable any time; creditors can still reach the property |
The vesting series
We are publishing one deep-dive per vesting type. Each covers the statutory definition, who it fits, what happens at death, what triggers reassessment, and exactly what our title unit needs when you sell or refinance.
Married person as sole and separate property
A married buyer purchasing with separate funds
Community property with right of survivorship
Married couples who want both the tax basis and the automatic transfer
Joint tenancy with right of survivorship
Two or more owners in equal shares — spouses, siblings, parent and child
Revocable living trust
Owners who want to avoid probate and control what happens next
LLC or corporation
Rental portfolios, partnerships, liability-conscious investors
Partnership / tenancy in partnership
General and limited partnerships holding real property
Registered domestic partners
Partners registered with the California Secretary of State
Life estate with remainder
A parent who wants to stay in the home and pass it to children
Revocable transfer on death (TOD) deed
Single-property owners looking for a low-cost probate workaround
How do you change vesting after you already own the property?
- Decide the new vesting with your attorney or CPA — a title company cannot make this choice for you.
- Have the correct deed drawn: a grant deed, interspousal transfer deed, or trust transfer deed depending on the change.
- Complete a Preliminary Change of Ownership Report (PCOR) so the assessor can apply the right exclusion. Transfers into a revocable trust for the same beneficial owner are excluded under Revenue & Taxation Code §62(d).
- Record with the LA County Registrar-Recorder/County Clerk, then keep the conformed copy with your policy.
- Tell your lender if there is a loan on the property, and confirm your existing owner's policy still names the correct insured.
Before you record anything
Vesting is a legal and tax decision — talk to your attorney or CPA. Once you have decided, call Matt Goeglein or Xavier de la Piedra IV at Fidelity National Title and we will make sure the deed, the PCOR, and the title order all line up before your close.
Contact Team Goeglein →