Taking Title

The most common practice among married couples is to purchase the property as joint tenants. As joint tenants, if one of the two persons in whose name the property is registered dies, title to the property automatically passes to the survivor. Title could be put in the name of one spouse only. This may protect the property against possible debts of the other spouse.

Both spouses could purchase the property as tenants in common which would mean that, upon the death of either spouse his or her one-half share of the property does not necessarily pass to the surviving spouse but passes as directed in the deceased's will or, if there is no will, to the heirs of the deceased. Consequently, when taking title as tenants in common, it would be wise for each spouse to make a will. In any event, you would be well advised to make a will if you do not already have one.

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Return to: The Agreement of Purchase and Sale

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