Let's Ask Katie - August 2026

Hello Katie, 

My brother and I  are buying a home together. We’re confused about all the different ways we can hold title. Can you give us a basic overview of the different ways to hold title? We’re wondering if we should create a trust or just hold property as joint tenants with rights of survivorship. Our father thinks creating a trust has no benefits and will be expensive.  Thanks for your thoughts!   Sue and Billy, Corona del Mar

Hi Sue and Billy, 

Choosing how to hold title is one of those "behind the scenes" decisions that carries significant weight for your future. Two of the most common paths are Joint Tenancy with Right of Survivorship (JTWROS) and holding title in a Living Trust, and each serves a distinct purpose.

Joint Tenancy is often the "go-to" for its simplicity. If one owner passes away, the property interest automatically transfers to the surviving owner, bypassing probate for that specific transition. It’s straightforward and inexpensive to set up. However, it offers little flexibility; the property is potentially exposed to the creditors of all owners, and it doesn't provide a plan for what happens if both owners pass simultaneously or if one loses capacity.

A Living Trust, while requiring more upfront effort and legal coordination, offers a higher level of control. By holding title in the name of the trust, you ensure the property avoids the time-consuming and public probate process entirely. It also allows for specific instructions regarding the management of the asset if an owner becomes incapacitated. While more complex to establish, a trust provides a seamless transition and robust protection that simple joint ownership cannot match. Deciding between them often comes down to whether you prioritize immediate simplicity or long-term legacy planning.

Note: This information is for educational purposes and does not constitute legal or tax advice. I recommend consulting with a qualified attorney or tax professional to determine the best structure for your specific situation. Katie Machoskie is a REALTOR and Certified Real Estate Negotiator As Founder of the Machoskie & Associates team at COMPASS in Orange County, with over 23 years of experience and over $1.4 Billion in sales. She and her team of neighborhood specialists are ready to assist you anywhere in OC. Have a question? Email her at [email protected] DRE#01380037 Follow her on Instagram @machoskiehomes.com