What is sole ownership on a California deed?

Fidelity's vesting descriptions describe sole ownership as ownership by an individual or other entity capable of acquiring title. The common cases listed are a single, unmarried, or widowed person; a married person taking title as sole and separate property, with the spouse disclaiming his or her interest; and a registered domestic partner taking title as sole and separate property, with the other partner disclaiming his or her interest.

Can a title company choose how a buyer holds title?

No. Fidelity's vesting chart says it is for reference only, that how title is vested has important legal consequences, and that the chart should not be relied on to make that decision. Consult an attorney or CPA. Someone who is not an attorney cannot give advice on how to hold title, because doing so would be the unlawful practice of law.

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California vesting

Vesting Matters: common ways to hold title in California

Common ways of holding title, from Fidelity National Title's California Vesting Descriptions and Vesting Chart.

Author: Xavier de la Piedra IV
Published: November 5, 2026
Source: FNT-CVD and FNT-CVC, 11-26

How your clients hold title can have important legal and tax consequences. Having the vesting conversation early gives them time to understand the options and take their questions to an attorney or tax advisor before closing.

The notes below follow Fidelity National Title's California Vesting Descriptions (FNT-CVD) and California Vesting Chart (FNT-CVC). They are a reference for that conversation. They are not a recommendation.

This page stays with those two flyers. Team Goeglein's separate comparison of vesting options is how to hold title in California.

Vesting descriptions

Sole ownership

Sole ownership may be described as ownership by an individual or other entity capable of acquiring title. Fidelity's California Vesting Descriptions list three common cases.

Single person: A single man or woman, an unmarried man or woman, or a widow or widower: a man or woman who is not legally married or in a domestic partnership. Example: Bruce Buyer, a single man.
Married, sole and separate: A married man or woman who wishes to acquire title in his or her name alone. The title company insuring title will require the spouse to specifically disclaim or relinquish his or her right, title, and interest in the property. This establishes that both spouses want title granted to one spouse as that spouse's sole and separate property. The same rules apply for same sex married couples. Example: Bruce Buyer, a married man, as his sole and separate property.
Domestic partner, sole and separate: The title company insuring title will require the domestic partner of the person acquiring title to specifically disclaim or relinquish his or her right, title, and interest in the property. This establishes that both domestic partners want title granted to one partner as that person's sole and separate property. Example: Bruce Buyer, a registered domestic partner, as his sole and separate property.

Co-ownership

Community property

Community property is a form of vesting title to property owned together by married persons or by domestic partners. It is distinguished from separate property, which is property acquired before marriage or before a domestic partnership by separate gift or bequest, after legal separation, or which is agreed in writing to be owned by one spouse or domestic partner.

Parties: Married spouses or domestic partners.
Division of interests: Ownership and managerial interests are equal, except that control of a business is solely with the managing spouse.
Title: Title is in the community. Each interest is separate, but management is unified.
Possession: Both co-owners have equal management and control.
Conveyance: Personal property and real property require the written consent of the other spouse. A separate interest cannot be conveyed except upon death.
Purchaser: A purchaser can only acquire the whole title of the community. A purchaser cannot acquire a part of it.
At death: On a co-owner's death, one-half belongs to the survivor in severalty. One-half goes by will to the descendant's devisee or by succession to the survivor.
Successor: If the interest passes by will, a tenancy in common between the devisee and the survivor results.
Creditors: Community property is liable for debts of either spouse made before or after marriage. The whole property may be sold on execution sale to satisfy a creditor.
Presumption: There is a strong presumption that property acquired by married spouses is community property.

Co-ownership

Community property with right of survivorship

This is title owned together by spouses or by domestic partners. It shares many characteristics of community property and adds a right of survivorship similar to joint tenancy. There may be tax benefits for holding title this way. On the death of an owner, the decedent's interest ends and the survivor owns all interests in the property.

Example

Bruce Buyer and Barbara Buyer, husband and wife, as community property with right of survivorship.
John Buyer and Bill Buyer, husband and husband, as community property with right of survivorship.
Sally Smith and Jane Smith, registered domestic partners, as community property with right of survivorship.

Parties: Married spouses or domestic partners.
Division of interests: Ownership and managerial interests are equal.
Title: Title is in the community. Management is unified.
Possession: Both co-owners have equal management and control.
Conveyance: The right of survivorship may be terminated pursuant to the same procedures by which a joint tenancy may be severed.
Purchaser: A purchaser can only acquire the whole title of the community. A purchaser cannot acquire a part of it.
At death: A deceased spouse's interest automatically transfers to the surviving spouse without probate, following the same rules as joint tenancy.
Successor: The survivor owns the entire interest.
Creditors: Community property is liable for debts of either spouse made before or after marriage. The whole property may be sold on execution sale to satisfy a creditor.
Presumption: Must be expressly stated.

Co-ownership

Joint tenancy

Two or more people, who may or may not be married or domestic partners, own equal interests, subject to the right of survivorship in the surviving joint tenant or tenants. Title must have been acquired at the same time, by the same conveyance, and the document must expressly declare the intention to create a joint tenancy. When a joint tenant dies, title passes automatically by operation of law to the surviving joint tenants. Joint tenancy property is not subject to disposition by will.

Example

Bruce Buyer, a married man, and George Buyer, a single man, as joint tenants.

If a married person enters a joint tenancy that does not include their spouse, the title company insuring title may require that spouse to specifically consent to the joint tenancy. The same rules apply for same sex married couples and domestic partners.

Parties: Any number of persons. They can be married spouses or registered domestic partners.
Division of interests: The ownership interest must be equal.
Title: A sale or encumbrance by one joint tenant severs the joint tenancy.
Possession: Equal right of possession.
Conveyance: A conveyance by one co-owner without the others breaks the joint tenancy.
Purchaser: The purchaser becomes a tenant in common with the other co-owners as to the purchaser's interest. The other owners may remain joint tenants.
At death: On a co-owner's death, that interest ends and cannot be disposed of by will. The survivor owns the property by survivorship.
Successor: The last survivor owns the entire interest.
Creditors: A co-owner's interest may be sold on execution sale to satisfy that co-owner's creditor. The joint tenancy is broken, and the creditor becomes a tenant in common.
Presumption: Must be expressly stated.

Co-ownership

Tenancy in common

Two or more people own undivided fractional interests. Those interests may be unequal in quantity or duration, and they may arise at different times. Each tenant in common owns a share of the property, is entitled to a comparable portion of the income, and must bear an equivalent share of the expenses. Each co-tenant may sell, lease, or will to his or her heir the share that belongs to him or her.

Example

Bruce Buyer, a single man, as to an undivided 3/4 interest, and Penny Purchaser, a single woman, as to an undivided 1/4 interest.

Parties: Any number of persons. They can be married spouses or registered domestic partners.
Division of interests: Ownership can be divided into any number of interests, equal or unequal.
Title: Each co-owner has a separate legal title to his or her undivided interest.
Possession: Equal right of possession.
Conveyance: Each co-owner's interest may be conveyed separately by its owner.
Purchaser: The purchaser becomes a tenant in common with the other co-owners.
At death: On a co-owner's death, that interest passes by will to the devisee or heirs. There are no survivorship rights.
Successor: Devisees or heirs become tenants in common.
Creditors: A co-owner's interest may be sold on execution sale to satisfy that co-owner's creditor. The creditor becomes a tenant in common.
Presumption: Favored in doubtful cases, except for married spouses.

Vesting chart

Registered domestic partners

The vesting chart lists registered domestic partners in their own column. Registered domestic partnership status is not limited to same sex couples. The descriptions flyer cites CLTA.org for that point.

Parties: Only partners who are registered with the California Secretary of State's domestic partners registry.
Division of interests: Ownership and managerial interests are equal, except that control of a business is solely with the managing domestic partner.
Title: Title is in the community. Each interest is separate, but management is unified.
Possession: Both co-owners have equal management and control.
Conveyance: Personal property and real property require the written consent of the other spouse, and a separate interest cannot be conveyed except upon death. That is the chart's wording in this column.
Purchaser: A purchaser can only acquire the whole title of the community. A purchaser cannot acquire a part of it.
At death: On a co-owner's death, one-half belongs to the survivor in severalty. One-half goes by will to the descendant's devisee or by succession to the survivor.
Successor: If the interest passes by will, a tenancy in common between the devisee and the survivor results.
Creditors: Community property is liable for debts of either partner made before or after registration as domestic partners. The whole property may be sold on execution sale to satisfy a creditor.
Presumption: Must be expressly stated.

Other ways to hold title

Partnership

The descriptions flyer lists a partnership as another way to vest title. On the chart, partnership holding title is its own column. Required documents may include the partnership agreement.

Parties: Only partners, of any number.
Division of interests: The ownership interest is in relation to the interest in the partnership.
Title: Title is in the partnership.
Possession: Equal right of possession, but only for partnership purposes.
Conveyance: Any authorized partner may convey part or the entire interest in partnership property for partnership purposes. The purchaser acquires the interest that the partnership owned.
Purchaser: A purchaser can acquire part of the entire interest in partnership property. If the purchase is of part, the purchaser becomes a tenant in common with the partnership.
At death: On a partner's death, the partnership interest passes to the survivor pending liquidation of the partnership. The share of the deceased then goes to their estate.
Successor: Heirs or a devisee have rights in the partnership interest, but not in specific property.
Creditors: A partner's interest may be sold separately by charging order by that partner's personal creditor, or that partner's share of profits may be obtained by a personal creditor. The whole property may be sold on execution sale to satisfy a partnership creditor.
Presumption: Arises only by virtue of partnership status in property placed in the partnership.

Other ways to hold title

Trust

Title may be held by the trustees of a trust. The trustee holds legal title. The beneficiary has equitable title. Depending on the transaction, the trust agreement and/or a certificate may be required.

Parties: Individuals, groups of persons, a partnership or corporations, or a living trust.
Division of interests: Ownership is a personal property interest and can be divided into any number of interests.
Title: Legal title is held by the trustee. The beneficiary has equitable title.
Possession: The right of possession is as specified in the trust provisions.
Conveyance: Parties named in the trust agreement authorize the trustee to convey the property. A beneficiary's interest in the trust may also be transferred.
Purchaser: A purchaser may obtain a beneficiary's interest by assignment, or may obtain legal and equitable title from the trust.
At death: Successor beneficiaries may be named in the trust agreement, eliminating the need for probate.
Successor: The trust agreement usually provides for distribution on the death of the settlor.
Creditors: A creditor may seek an order for execution sale of the beneficial interest, or an order that the trust estate be liquidated and the proceeds distributed.
Presumption: A trust is expressly created by an executed trust agreement.

Other ways to hold title

Corporation or LLC

Title can also be held by a corporation or a limited liability company (LLC). The vesting chart does not give those forms their own columns. The descriptions flyer says the documents a transaction may require include corporate articles and bylaws, and an LLC operating agreement.

Want the Fidelity Vesting Chart?

Reply to us, or send a note through the contact page, and we will send the free Fidelity Vesting Chart and Vesting Descriptions.

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Questions the flyers answer

What is sole ownership on a California deed?: Fidelity's vesting descriptions describe sole ownership as ownership by an individual or other entity capable of acquiring title. The common cases listed are a single, unmarried, or widowed person; a married person taking title as sole and separate property, with the spouse disclaiming his or her interest; and a registered domestic partner taking title as sole and separate property, with the other partner disclaiming his or her interest.
What does community property with right of survivorship do at death?: The vesting descriptions say that on the death of an owner, the decedent's interest ends and the survivor owns all of the interests in the property. The vesting chart says a deceased spouse's interest automatically transfers to the surviving spouse without probate, following the same rules as joint tenancy. The form must be expressly stated.
Can a title company choose how a buyer holds title?: No. Fidelity's vesting chart says it is for reference only, that how title is vested has important legal consequences, and that the chart should not be relied on to make that decision. Consult an attorney or CPA. Someone who is not an attorney cannot give advice on how to hold title, because doing so would be the unlawful practice of law.

Written by Xavier de la Piedra IV. Sources: Fidelity National Title California Vesting Descriptions (FNT-CVD) and California Vesting Chart (FNT-CVC), 11-26.