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After selecting the most appropriate
Florida home, based on your tastes and preferences, you need
to decide on how to take ‘title’ of your property.
Taking the right ‘title’ decision is very important
because it involves legal processes, taxation and estate planning
issues. There are real estate attorneys or Certified Public
Accountants (CPA) who are equipped to help in the decision.
Taking title of your Florida home
when buying alone:
You can take the title in your own name, which
is technically referred to as ‘sole ownership’.
You can opt for such a title, if you are unmarried, if you
have been married but are now legally divorced or if you are
married but want to acquire the property in your name. In
the last clause, if you are married, your spouse will have
to relinquish his or her rights in the property, at the time
of registration. You can also opt for
holding the title of your property in the name of a ‘living
trust’. A living trust can be created only in the name
of individuals who are alive.
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Taking title of your Florida home
when buying with others:
If you are buying the property in collaboration
with your friends or associates, you can opt for ‘Tenancy
in Common’. This provides each partner the right to
sell, lease or pass on the property to his legal heirs. In
‘Tenancy in Common’, any number of individuals
can hold title to their respective share of the property,
depending on their contributions.
You can also opt for ‘joint tenancy’
in which all members have equal possession rights to their
respective share in the property. This is different from ‘Tenancy
in Common’ because when a partner dies, his share is
automatically distributed among the remaining partners. Any
number of individuals can contribute under a ‘Joint
Tenancy’.
If you are married and want to hold a joint
title in the name of your spouse and yourself, you can opt
for ‘Community Property’. It legally registers
the property equally in the name of both the husband and wife.
This title is applicable for married couples only. Both the
husband and wife have equal possession rights to the property.
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Other ways to take title of your
Florida home:
You can hold title of your property in the
name of a corporation, which is a separate legal entity and
is created under state law. It can have any number of shareholders,
but the rights to the property of individual shareholders
will be limited to the face value of shares held by them.
Other than this, you can hold title in the
name of a partnership of two or more persons. The title will
be held in the name of the partnership, with the partners
having equal right to possession of their respective share
in the property. You can also choose to hold the title in
the name of a trust, in which the legal title of the property
is transferred to the trustee.
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