al rights, and what happens to your property after death. For married couples, the decision about how to take title isn’t just a formality—it’s a legal choice that can influence everything from property taxes under Prop 13 to whether your estate ends up in probate.
This guide offers insight into the various vesting options available and the most common mistakes to avoid, all from the perspective of a real estate professional helping clients navigate these critical decisions in Los Angeles.

What is Title Vesting?
When you buy a property, the deed not only documents the transaction between buyer and seller—it also specifies how the new owner will hold title. This is known as vesting. How you choose to vest impacts inheritance, taxes, and even what happens during a divorce.
Common Vesting Options for Married Couples in California
There are several ways married couples can take title in California, each with its own legal and financial implications:
1. Joint Tenancy
- Includes a right of survivorship: when one spouse dies, the other automatically inherits the deceased’s share.
- Avoids probate, but may trigger reassessment under Prop 13, increasing property taxes.
- Offers no capital gains tax protection if the surviving spouse sells after inheriting.
2. Community Property with Right of Survivorship
- Exclusive to married couples and registered domestic partners in California.
- Offers the best capital gains treatment, with a full step-up in basis upon the first spouse’s death.
- No reassessment or probate involved, but only works if funds used to purchase the property are truly community property.
3. Tenancy in Common
- Allows for unequal ownership shares.
- Each owner’s interest passes to their heirs unless otherwise specified.
- Subject to probate and potential reassessment unless a trust is in place.
- Common among unmarried partners, investors, and friends purchasing together.
Why Title Choices Matter
Each vesting choice leads to different outcomes in case of death, divorce, or the sale of a property. Here are a few common scenarios:
- Inheritance Confusion: Without a trust, title held as tenants in common will go through probate. The surviving co-owner might end up owning the property with a minor or a distant relative.
- Reassessment Triggers: If property is reassessed due to title transfer, annual property taxes could skyrocket, especially on homes held for decades.
- Divorce Disasters: Community property presumes equal ownership. If one spouse contributed significantly more to the purchase, this can create tension and financial loss during a divorce.
- Bad Advice from Non-Attorneys: Many title decisions are made based on misinformation, especially from lenders or escrow agents just trying to close the transaction.
Common Title Mistakes to Avoid
These are the most frequent and costly errors people make:
- DIY Deeds: Recording a deed without legal advice can result in incomplete or invalid documents.
- Adding Children or Relatives to Title: Can expose the property to liability, tax consequences, and probate. Never add minors to a deed.
- Oral Agreements with Co-Owners: All real estate arrangements must be in writing. Verbal promises carry no legal weight.
- Trust Mishandling: Pulling property out of a trust to refinance and forgetting to put it back in properly can undo your entire estate plan.
The Role of Trusts in Title Planning
Creating a revocable trust and transferring property into it allows you to:
- Avoid probate
- Maintain privacy
- Set clear inheritance rules
- Ensure smooth management if incapacitated
For married couples, it’s common to take title as individuals and then transfer into a trust. This two-step process provides both control and protection. A good estate planning attorney can also ensure the deed reflects the couple’s wishes precisely.
The Emotional Side: Preserving Family Harmony
One of the biggest goals in estate planning is avoiding future conflict. Too often, homes passed to multiple children end up sold because of poor planning. Instead of clean inheritances, families face:
- Legal disputes
- Unwanted tax burdens
- Loss of sentimental properties
Understanding your family dynamics is just as important as understanding your assets. A thoughtful vesting and estate plan keeps families united, protects vulnerable heirs, and supports long-term generational wealth.

Final Thoughts
In real estate, the question isn’t just “Who owns the home?” but “How do they own it?” Taking the time to make the right vesting decision—and involving legal professionals early—can prevent future heartbreak, confusion, and unnecessary expenses.
If you’re in the process of buying property in California, especially as a married couple, take this seriously. Don’t leave it to chance, or to the title company three days before escrow closes. Make it part of your strategic planning from the start.
Quick Takeaways
- Joint Tenancy: Easy, avoids probate, but triggers reassessment and may have tax issues.
- Community Property with Right of Survivorship: Best for taxes, but only appropriate when funds are truly shared.
- Tenancy in Common: Good for unequal ownership, but must be carefully structured.
- Use Trusts: Always incorporate estate planning to avoid probate and confusion.
- Avoid DIY and Bad Advice: Vesting should never be handled without legal guidance.
Notable Quote:
“Don’t let a lender bully you into changing your vesting—bring a lawyer into the equation.”
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DISCLAIMER: The Probate Realtor® Matias Baker Masucci is a licensed real estate broker in California, DRE # 02054763. Any legal information provided is for informational purposes only and NOT to provide legal advice. Contact an attorney to obtain advice on any specific legal issue or problem. We make no guarantees as to the accuracy of any information.