How to Hold Title in Fresno: Joint Tenancy vs Community Property

Last updated for 2026 to reflect current California title and tax considerations.

Buying a home in Fresno is exciting. But one small decision—how you hold title—can quietly determine whether your spouse inherits your home smoothly or gets hit with massive capital gains taxes later.

Direct answer: Vesting refers to how you legally hold ownership of real estate. In California, vesting determines who can sign documents, who inherits the property, whether probate is required, and how much tax is owed when an owner dies.

At All Elite Homes, we see buyers focus on price, rate, and location—while vesting is treated like a checkbox. This guide explains the real consequences of that choice, especially under California’s community property laws.

The Big Three Ways Most Californians Hold Title

Direct answer: In California, most residential properties are held as Sole Ownership, Joint Tenancy, or Community Property with Right of Survivorship. Each has very different tax and inheritance outcomes.

Sole Ownership

Direct answer: Sole Ownership means one person holds 100% title to the property.

Common for single buyers and some investors
If married, the non-titled spouse usually signs a quitclaim deed
Probate risk: Property usually goes through probate unless placed in a trust

In Fresno County, probate can freeze a property for a year or more.

Joint Tenancy (The Default Trap)

Direct answer: Joint Tenancy means equal ownership with a right of survivorship.

This option is commonly selected at escrow—but often without understanding the tax consequences.

The tax issue: When one owner dies, only their half receives a step-up in tax basis. The surviving owner keeps the original basis on their half.

If the home appreciated significantly, the survivor may owe large capital gains taxes upon sale.

Additional risk: Any joint tenant can sever the tenancy unilaterally, converting ownership into Tenancy in Common.

Community Property with Right of Survivorship

Direct answer: This option is available only to married couples or registered domestic partners in California.

Avoids probate
Automatic transfer to surviving spouse
Full double step-up in tax basis

For many Fresno couples, this is the most tax-efficient vesting choice.

For Investors and Unmarried Buyers: Tenancy in Common

Direct answer: Tenancy in Common allows multiple owners to hold unequal shares with no survivorship rights.

Ownership shares can be unequal
Each share passes to heirs, not the co-owner
Probate applies unless a trust is used

Important: If a Joint Tenant transfers their share, ownership automatically converts to Tenancy in Common.

The Gold Standard: Holding Title in a Living Trust

Direct answer: A Revocable Living Trust is often the most protective way to hold title in California.

Avoids probate entirely
Allows detailed inheritance planning
Works for individuals, couples, and investors

Many high-end Fresno buyers place property into a trust shortly after closing.

Quick Comparison of California Vesting Options

Vesting Type	Avoids Probate?	Survivorship?	Tax Benefit	Who Can Use It?
Sole Ownership	No	No	Limited	Anyone
Joint Tenancy	Yes	Yes	Partial step-up	Anyone
Community Property w/ ROS	Yes	Yes	Full step-up	Married couples
Living Trust	Yes	Optional	Flexible	Anyone

California and Fresno-Specific Nuances

Direct answer: California is a community property state, meaning assets acquired during marriage are presumed 50/50 unless stated otherwise on title.

Fresno County requires precise deed language. Incorrect vesting wording can lead to probate or tax issues later.