Titling your home is an important step in the process of buying a home, though not all home buyers realize this at the time of titling. Titling your home correctly will ensure that any legal situations involving your home play out with your best interests in mind.
There are several options when it comes to titling your home. Sole ownership means that you and you alone hold the title in name, even if you own the property with other people. Joint tenancy with the right of survivorship lets you hold the title in more than one person’s name. Tenancy in common is another way to hold the title in more than one name, though there are a few differences between tenancy in common and joint tenancy.
In joint tenancy, when one of the person’s named on the title passes away, the title is transferred to the other named person without the property passing through probate, which is the validation or invalidation of a will after death. In tenancy in common, when one of the titleholders passes away, his or her interest in the property, or the right to the property and its use, is distributed according to his or her will, or if there is no will, then the interest is distributed according to state law.
Home buyers should consider who they want to end up with their interest in the property when titling the property. Joint tenancy is common among spouses, as the property will be passed on to the other spouse after the other passes away. However, sometimes spouses choose to forgo joint tenancy if one has credit issues, which could make the property a target for creditors if the credit issues were to worsen. Spouses also may want to avoid joint tenancy if one has a high-liability occupation, such as a doctor, who could be vulnerable to malpractice claims which could also go after the property.
You may want to consider tenancy in common if you’re moving into a new home after a new marriage but with children from a previous marriage. This way when you pass, your interest will go, by law, to the beneficiaries of your estate.
Parents should hesitate to put adult children on the title as joint tenants, though it may seem logical to make it easier for them to acquire the property in the future. However, this can prevent them from obtaining certain tax benefits, and can backfire. If the child has poor credit, his or her creditors can come after the property, or they can claim the property as their own under sole ownership after you pass away, while you may have had different wishes for the property.
American Home Title Group has been helping Marylanders with their title needs for over 25 years. In the ever-volatile real estate industry, a company’s longevity can be attributed to the quality of its work. With more than 120 years of experience in real estate and titles, American Home Title Group is ready to provide you with the best experience possible in every capacity.
American Home Title Group is ready to assist you today with a variety of real estate needs you may have. Contact us now to get started. Our phone number is 410-750-8500. To reach us via email, please send a message to firstname.lastname@example.org. Follow our blog and keep up with us on Google+, Facebook, and Twitter.