Estate Planning and Sole Property Ownership





A seemingly simple decision like how to title your property can have a big impact on your estate planning efforts later in life. Some people are aware of different title options, while others make a quick decision without fully understanding the differences between the options.

Property owners should take the time to educate themselves about different titling options, as each has its own pros and cons. Depending on an owner’s personal circumstances, one type of ownership may be far better than another. It is in your best interest to understand your options and make the right choice for your estate.

One type of property ownership that may benefit some people is called sole property ownership. Also known as “ownership in severalty” this is a form of ownership that may be appealing to unmarried buyers. However, as with any form of property ownership it has its limitations.

Sole ownership

  • Option often used by single, unmarried buyers; also known as “ownership in severalty”.
  • Gives sole owner complete control of the property. If the owner marries, the new spouse does not automatically have any stake in the property. Therefore, if the marriage later ends, the ex-spouse may not have a claim on the property.
  • A married buyer can choose to take title as a sole owner. However, depending on what state the buyer is in, the buyer’s spouse may be required to sign a quitclaim deed specifically giving up any claim of ownership on the property.
  • No protection from creditors since there is only one owner.
  • The property will go through probate unless the sole owner has the property set up in a trust.
  • The property will be counted as part of the estate for federal estate tax purposes.

You can read more about different ways to title property in our law library, including, “Estate Planning and Tenancy by the Entirety”, “Estate Planning and Tenancy in Common”, and “Estate Planning and Joint Tenancy with Right of Survivorship”.

To learn more about holding Pennsylvania property in tenancy by the entirety and other estate planning matters, please contact the experienced estate planning attorney at the law offices of Shields and Boris.

Elder Law Offices of Shields and Boris

109 VIP Drive

Suite 200

Wexford, PA 15090

Toll Free: (888) 444-4093

Phone: (724) 934-5044


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