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| There are nine types of ownership in real estate, and the right structure depends on who you're buying with and what you want to happen to the property over time. This guide breaks down each option to help you make an informed decision. |
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- 1. Sole ownership
- 2. Joint tenancy with rights of survivorship (JTWROS)
- 3. Tenants by the entirety (TBE)
- 4. Community property
- 5. Owning trust
- 6. Tenancy in common (TIC)
- 7. Owning a partnership/LLC or co-ownership
- 8. Condominium ownership
- 9. Cooperative (co-op) ownership
- What type of ownership is right for you?
- Own a luxury second home with Pacaso
- Types of ownership in real estate FAQs

1. Sole ownership
Type of owner: individualsSole ownership means one person holds the title to a property outright. That owner has full authority to sell, lease or transfer the property at any time, with no other parties involved in the decision. Property owned by a sole owner is sent into probate when the owner dies until the will is validated.| Pros | Cons |
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| You have complete control over all the decisions related to the property. | The probate process can be costly and time-consuming, making transferring real estate to your heirs complicated during an already stressful and emotional time, especially if your heir cannot afford the property and needs to sell it. |
2. Joint tenancy with rights of survivorship (JTWROS)
Type of owner: Two or more individualsOne of the most common property ownership types is joint tenancy with rights of survivorship, which gives two or more owners equal, undivided ownership of a property. Both parties have equal liability and financial responsibility for the property, including the cost of upkeep and repairs, as well as equal rights to access the property. One owner can sell or transfer their share without the other’s consent.| Pros | Cons |
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| When one owner dies, the property passes immediately to the remaining owner without going to probate. | If one owner has unpaid debts, a creditor can legally force a sale to recoup their money. |
| One party cannot will their share to another heir, such as a child. |
3. Tenants by the entirety (TBE)
Type of owner: Married couplesMarried couples may instead opt to own property as tenants by the entirety, which is the same as JTWROS, except an owner can do nothing with their ownership portion without consent from their spouse, since the couple is legally considered one entity. If the marriage ends in divorce, the ownership structure automatically converts to tenancy in common.| Pros | Cons |
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| If a court orders one spouse to sell their share to cover a debt, the other spouse is entitled to reimbursement of their ownership interest. | Only about half of all U.S. states, plus the District of Columbia, recognize TBE: Alaska, Arkansas, Delaware, Florida, Hawaii, Illinois, Indiana, Kentucky, Maryland, Massachusetts, Michigan, Mississippi, Missouri, New Jersey, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia and Wyoming. In Alaska, residents can opt in to a TBE agreement rather than it applying automatically. Note: Illinois limits TBE to a couple's primary homestead only. |
4. Community property
Type of owner: Married couplesNine states are community property states, with Alaska allowing residents to opt in. This real estate ownership type classifies any property obtained by a spouse during marriage as “community property” — that is, owned by both spouses, even if the property is only listed in the name of one spouse. This includes all real estate purchases made during the marriage. The states that recognize community property include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. In Alaska, residents can opt into a community property agreement. The same community property laws apply to registered domestic partnerships in California, Nevada and Washington.| Pros | Cons |
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| Both spouses have equal rights to the property and must consent to a sale or transfer of the property. | This law makes any real estate obtained during marriage subject to sale by a debt collector to pay off a debt, even if the debt is only in one spouse’s name. |
5. Owning trust
Type of owner: Minor children or an adult with disabilitiesIn an owning trust, a trustee holds and manages a property on behalf of someone else, typically a minor child or an adult with special needs.A living trust is created during the original owner’s lifetime. The owner, also referred to as the trustor or grantor, designates a beneficiary to receive the property while continuing to serve as trustee until their death. At that point, a successor trustee steps in to manage the property and ensure it passes to the beneficiary without going through probate.| Pros | Cons |
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| An owning trust allows your property to stay out of probate when you die while also protecting your home from creditors. | Establishing an owning trust can be a complex and expensive process. |
6. Tenancy in common (TIC)
Type of owner: Unrelated multiple owners of a single propertyWith tenancy in common, each owner holds a separate deed for their share of the property. Shares don’t need to be equal — one owner might hold 49% while three others each hold roughly 17%, for example.Unlike joint tenancy, TIC carries no survivorship rights. Each owner is free to sell, will or transfer their share to whomever they choose without input from the other owners. When an owner dies, their share moves through probate before passing to any named heirs.| Pros | Cons |
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| You can add owners at any time to minimize your portion of the mortgage, taxes and maintenance costs. | Each owner can transfer or will their share to anyone they choose, with no input required from the other owners. |
| If one tenant stops paying their portion of the mortgage and taxes, the other tenants in common are responsible for making up the difference. |
7. Owning a partnership/LLC or co-ownership
Type of owner: Unrelated multiple owners of a single propertyA property can be placed under a limited liability company (LLC), with multiple owners holding shares in that entity. This structure is a common approach to property co-ownership because it keeps each owner’s personal finances separate from the property. Owners can typically sell their shares, though an LLC’s operating agreement often sets transfer rules, such as a right of first refusal, so the specifics depend on the agreement.Owners can create the LLC by doing it themselves or use a third-party company like Pacaso, which offers professionally managed LLC co-ownership for luxury second homes. This also includes options for owners interested in selling part of their second home while retaining a share.| Pros | Cons |
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| An LLC is typically a pass-through entity, so the company itself isn’t taxed directly, income and deductions flow to the owners. Whether that produces tax savings depends on your situation, so consult a tax professional. | Creating and maintaining an LLC requires contracts and other costs that can be overwhelming on your own. |
| LLCs allow you to own a property with other people, like TIC, but with legal protection in the event of an accident on your property. | |
| Your name is not associated with the property, just the name of the LLC, making it more private than a traditional home purchase. |
8. Condominium ownership
Type of owner: IndividualsCondominium ownership means holding an individual deed to a unit within a multi-unit building, while sharing ownership of common areas with other residents. Those shared spaces are managed through a homeowners' association (HOA), which handles maintenance and upkeep. Before purchasing, buyers should review the HOA’s financials, rules and fee structure, as these vary significantly from building to building.| Pros | Cons |
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| The HOA handles exterior maintenance and common area upkeep, reducing the burden on individual owners. | Monthly HOA fees add to the overall cost of ownership and can increase over time. |
| Purchase prices can be more accessible than comparable standalone properties in the same location. | Owners may face restrictions on renovations, rentals or pet ownership depending on HOA rules. |
9. Cooperative (co-op) ownership
Type of owner: IndividualsIn a co-op, buyers purchase shares in a corporation that owns the building rather than receiving a deed to a specific unit. Those shares entitle them to a proprietary lease for their unit. This makes co-op ownership fundamentally different from condo ownership. Rather than holding an individual title, buyers own shares in the corporation that holds the deed. Co-ops are also most common in New York City but exist in other metro areas. Purchasing one typically involves a board approval process, which can be lengthy and restrictive. Subletting is often limited or prohibited, and financing can be harder to secure since fewer lenders offer co-op loans.| Pros | Cons |
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| Purchase prices are often lower than comparable condos in the same building or neighborhood. | Board approval can be slow or restrictive, adding friction to both buying and selling. |
| Subletting restrictions limit flexibility for owners who want to rent out their unit. |
What type of ownership is right for you?
When comparing the types of real estate ownership, a good starting point is to narrow down by who you’re buying with. From there, a few other factors are worth weighing:- Estate planning: A living trust avoids probate and gives you more control over how the property transfers to heirs, something JTWROS and TBE don’t allow.
- Liability protection: Buying with unrelated parties? An LLC keeps personal finances separate from the property. Tenancy in common offers no such protection.
- Second home co-ownership: Professionally managed LLC co-ownership handles the legal structure, scheduling and day-to-day management across a group of up to eight co-owners.
Own a luxury second home with Pacaso
Pacaso offers professionally managed LLC co-ownership of luxury second homes in top destinations across the U.S. and beyond. Each home is owned through a property-specific LLC, giving every co-owner a true real estate interest. Up to eight owners share one home, with scheduling handled through Pacaso’s SmartStay™ system, which lets every owner see real-time availability and book instantly. Plus, Pacaso takes care of all of the management and maintenance, so owners show up to a home that’s ready.Types of ownership in real estate FAQs
01: What is the most common type of property ownership?
Sole ownership is the most common type of property ownership in the U.S., particularly for primary residences. For married couples buying together, joint tenancy with rights of survivorship is the most widely used structure, as it offers equal ownership and automatic transfer to the surviving spouse upon death.
02: What is the difference between tenancy in common and joint tenancy?
The main difference is survivorship rights. In joint tenancy, when one owner dies, their share passes automatically to the remaining owners. In tenancy in common, each owner’s share passes to their heirs through their estate, and owners can hold unequal shares, which joint tenancy does not allow.
03: What type of property ownership is best for a married couple?
It depends on the state and the couple’s estate planning goals. JTWROS and tenants by the entirety both offer automatic survivorship rights, while community property rules may apply in nine states regardless of how title is held. A real estate attorney can help determine the best structure for your situation.
04: Is LLC co-ownership the same as a timeshare?
No. With LLC co-ownership, each owner holds a deeded interest, typically a share ranging from 1/8 to 1/2, in a property-specific LLC that owns the home. That's real, transferable real estate equity, not a right to use. Timeshares typically grant a usage right without any underlying real estate interest, and that distinction affects everything from resale value to tax treatment.
05: Can I sell my share if I co-own a property through an LLC?
Generally, yes, though the LLC's operating agreement will spell out the process. Many agreements include a right of first refusal, giving existing co-owners the option to buy the share before it's offered to an outside buyer. With professionally managed co-ownership models like Pacaso's, the resale process is built into the LLC's operating agreement from the start, so owners know the steps ahead of time.
06: How is Pacaso's co-ownership model structured?
Each Pacaso home is held in its own property-specific LLC, and owners purchase a deeded ownership share, from 1/8 to 1/2, giving them a genuine real estate interest, not a usage right. Pacaso handles the LLC formation, financing coordination, and legal structure, then layers on full management: a dedicated Home Manager, design-certified interiors with luxury furnishings, and scheduling through Pacaso's SmartStay™ system. Most Pacaso homes are also part of the Global Swap network, so owners can stay at other homes in the portfolio, not just their own.
07: What happens if I want to sell my share of a Pacaso home?
Pacaso's LLC operating agreements set out a defined resale process for each property, including how a share is valued and how it's offered to existing co-owners or new buyers. Because the structure is established upfront, owners aren't negotiating exit terms from scratch; the mechanism already exists in the LLC documents.
08: What states recognize tenancy by the entirety?
About half of U.S. states plus the District of Columbia recognize tenancy by the entirety, including Alaska, Arkansas, Delaware, Florida, Hawaii, Illinois, Indiana, Kentucky, Maryland, Massachusetts, Michigan, Mississippi, Missouri, New Jersey, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia, and Wyoming. Alaska residents can opt in to a TBE agreement rather than having it apply automatically, and Illinois limits TBE to a couple's primary homestead only.
09: What are the tax advantages of owning property through an LLC?
An LLC is typically treated as a pass-through entity, meaning the company itself isn't taxed directly; income and deductions flow through to the individual owners instead. Whether this creates tax savings depends on the specific situation, so it's worth consulting a tax professional. Beyond the potential tax benefits, LLC ownership also keeps each owner's personal finances separate from the property and offers legal protection in the event of an accident on the property.














