Property Ownership Basics

Who’s In Charge

The legal framework for property rights in the US is set at the state level. A loose collection of statutes, rules, and court decisions shapes how each state treats co-ownership involving two or more parties not married to one another. Despite their differences, most states share a common approach.

The task of administering property Title is dealt with at the county level. County recorder's offices are responsible for maintaining public records of property transactions, including deeds, which establish ownership or Title.

Additionally, there are municipalities that have zoning laws restricting the types of homes and, sometimes, even permitted household composition within their city limits.

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📖 Key Terms

Title: Legal ownership of a property, often evidenced by a deed, grants the holder(s) the right to use, control, and transfer the property.

Deed: A legal document that transfers ownership of a property from one party to another, specifying the terms and conditions of the transfer.

Beneficiary Deed (aka Transfer on Death Deed): A specialized deed that allows a property owner to designate a beneficiary(ies) who will inherit the property upon the owner's death, bypassing the probate process.

Beneficiary: An individual designated to receive assets, property, or other benefits from a will, trust, or insurance policy.

Decedent: An individual who has passed away, particularly in the context of distributing their assets and settling their estate.

Probate: The legal process of validating a will and distributing a deceased person's assets, which may involve paying debts and transferring property ownership.