| | Who can sell or give away the property: | What happens to your share if you die: | Probate |
| | Co-owners aren’t married (siblings, business partners, unmarried couples) | | |
| “Joint Tenants” | Any of the owners can sell, give, or mortgage their share without the other parties’ permission. The new owners is automatically a tenant-in-common. | Other owner(s) get your share automatically. | No |
| “Tenants in common” | Any owner can give, sell, or mortgage their share without permission. | You can leave your share to someone else. It doesn’t automatically go to the co-owner. | Probably |
| | Married People who Own Property Together | | |
| “As community property with right of survivorship” | Both spouses must sign off on a gift, sale or refinance | Your spouse gets your share automatically. | No. |
| “As community property” | Both spouses must sign off on a gift, sale or refinance | You can choose heirs, which may include your spouse. | Probably. |
| | Married People, but Property Belongs Only To One Person | | |
| “As a married person as his/her separate property” | You control the property. (Please note there may be community property transmutation issues related to payments or improvements on the property) | Your heirs inherit the property. | Probably |
| | You’re Putting Property into a Living Trust | | |
| To the trustee, “as trustee of the ____ Trust, dated _______” | The trustee. | Upon death of trustee: Substitute of a new trustee. Death of Trustor: the trustee distributes property per terms of trust. | No |
