There are different types of real property ownership in California mainly divided into sole ownership and co-ownership. There are several variations as to how title is held in each type of ownership. Following are the seven most common examples of sole and co-ownerships:
1. A single woman or man who is not legally married.
2. An unmarried woman or man: someone who was previously married and is now divorced.
3. A married person who wishes to hold title in their name as sole and separate property, should obtain an Interspousal or Quit Claim Deed from their spouse relinquishing this spouse’s title and interest in the property.
5. Tenancy in Common: Under tenancy in common, co-owners own undivided interests. Unlike joint tenancy in this type of co-ownership the interests need not be equal in quantity or duration. There is no right of survivorship; each tenant owns an interest that upon his/her death is vested to the legal heirs or devisees.
6. Community Property: is one acquired by husband and wife or either during marriage. Real property conveyed to a married man or woman is presumed to be community property, unless otherwise stated. Under community property, both spouses have the right by will, to dispose of one half of the community property, but all of it will go to the surviving spouse without a will. If spouse exercises his or her right to dispose of one-half, that half is subject to administration in the estate.
7. Community Property with Right of Survivorship: (Effective July 1st, 2001). Community property acquired by husband and wife, when expressly declared in the transfer document to be "community property with right of survivorship," shall pass to the surviving spouse without having to first pass through the administration of the estate.