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COMMON METHODS OF HOLDING TITLE: OWNING SEPARATE PROPERTY (PART 1/3)


Family going over the floor plan of a house

Remember: Sole ownership is when an individual or another entity can own something. Here are examples of different ways people can own things:


Single Ownership:

  • This is when a person is not married or in a registered domestic partnership.

  • For instance, Bruce Buyer is a single man.

Married Ownership as Sole and Separate Property:

  • A married man or woman who wishes to acquire a title in his or her name alone. The title company insuring title will require the spouse of the married man or woman acquiring the title to specifically disclaim or relinquish his or her right, title, and interest in the property. This establishes that both spouses want title to the property to be granted to one spouse as that spouse’s sole and separate property.

  • For example: Bruce Buyer, a married man, is his sole and separate property.

Registered Domestic Partner Ownership as Sole and Separate Property:

  • The title company insuring title will require the domestic partner of the person acquiring the title to specifically disclaim or relinquish his or her right, title, and interest in the property. This establishes that both registered domestic partners want the title to the property to be granted to one partner as that person’s sole and separate property. For example: Bruce Buyer, a registered domestic partner, is his sole and separate property.

  • For example, Bruce Buyer, a registered domestic partner, owns something as his separate property, and his domestic partner agrees to it.

Source: California Land Title Association

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