Veteran-built.
Own and protect
How to hold title in California
How your name is on the deed decides who gets the house, whether it goes through probate and how much capital gains tax your heirs pay.
Side by side
Ways to hold title
| How title is held | Who uses it | Why it matters | Watch out |
|---|---|---|---|
| Sole ownership | One person owns it. | Simple. | Goes through probate at death unless there is a transfer-on-death deed or trust. |
| Community property | Married couples or registered domestic partners. | Full step-up in tax basis at the first death can cut capital gains tax for the survivor. | Each spouse can will their half to someone else; may need probate or a spousal petition. |
| Community property with right of survivorship | Married couples or registered domestic partners. | Survivor gets it automatically with no probate, and keeps the full step-up in basis. | You cannot will your half to anyone else. |
| Joint tenancy | Two or more people, equal shares. | Survivor takes it automatically; avoids probate at the first death. | Only a partial step-up for non-spouses. Any owner can break it. Probate at the last death. |
| Tenancy in common | Two or more people, any shares. | Each can sell or will their share. Good for investors and unmarried partners. | Each share goes through probate unless held in a trust. |
| Revocable living trust | Trustee holds title for you. | Avoids probate, keeps it private, plans for incapacity. You keep full control. | Costs more up front. You must actually deed the house into the trust. |
| LLC | For rentals and investors. | Liability separation for rental property. | Transfers can trigger reassessment, lender due-on-sale and loss of homeowners exemption. |
| Revocable transfer on death deed | Single owners, simple estates. | Names a beneficiary; skips probate; costs little to record. | Must be signed, notarized and recorded within 60 days. Not right for every estate. |
Plan ahead
How title can help you avoid probate
Probate in California
- Court-supervised, often 9 to 18 months or longer
- Statutory attorney and executor fees are based on the gross estate value, not equity
- A $900,000 house can mean about $21,000 each in statutory fees for the attorney and executor (about $42,000 total), even with a mortgage
- Public record
Ways to skip it
- Revocable living trust
- Community property with right of survivorship
- Joint tenancy
- Revocable transfer on death deed
- Beneficiary designations on bank and retirement accounts
Check your deed
- Download it from the County Recorder
- Look for the vesting line ("as joint tenants", "a married man as his sole and separate property")
- Make sure a trust deed was actually recorded
Next
Keep reading
Estate planning and probateTrusts, Medi-Cal, reverse mortgagesDownload your deedCounty RecorderSearch recorded documentsSan Diego County Recorder
Not legal or tax advice. This page is general information about California and San Diego County rules as of 2026. Laws, amounts and deadlines change. Confirm with the agency and talk to a licensed attorney or CPA before acting.