Information about deeds, title, and property ownership
Every state is slightly different in its laws regarding property ownership. Knowing the basics of property law generally in the United States can go a long way. However, as you buy and sell properties in a state, knowing that market’s specific laws and preferences can help to set expectations and make your transactions move forward more smoothly.
In this article, we walk through some of the key ownership considerations in Ohio.
Ohio recognizes three basic types of ownership: sole ownership, joint tenants, and tenants in common.
Sole Ownership in Ohio
In this type of ownership, one individual or entity owns the property completely with no other tenants. One important wrinkle here is that Ohio does require that non-owner spouses sign any documents selling, conveying, or otherwise encumbering property owned by the other spouse.
Joint Tenants in Ohio
Ohio recognizes joint tenancy as a common form of joint ownership for non-spouses. This form allows multiple people or entities to own a title interest to the property, and comes with various rights and responsibilities. In particular, a joint tenancy including the verbiage “For their joint lives, remainder to the survivor of them” involves all parties having equal ownership and the right to assume another owner’s interest in the event one owner passes.
Tenancy in Common in Ohio
Ohio also recognizes tenancy in common as a form of co-ownership for non-spouses. Tenancy in common allows multiple owners to own title in a property, but rather than owning equally, the owners can set varying ownership percentages. For example, one owner could own 51% of the property, with the other owning 49%. Additionally, an owner’s share would pass to the owner’s heirs upon death, rather than passing to the other tenants in common.
The most common deed form in Ohio is the warranty deed. Warranty deeds provide a form of protection to the buyer in the form of a warranty by the seller that guarantees no issues with the title. That said, all deed types are insurable in Ohio, meaning that limited or special warranty deeds, quitclaim deeds, and bargain and sale deeds could be used in residential transactions. Each of these will have its own implications.
Knowing how a property is typically conveyed in a state, and what types of ownership are available for the title can go a long way to ensuring a smooth transaction.
Ohio is straightforward when it comes to ownership types. The really important consideration in Ohio is in its customs regarding deeds. Because all deed types are insurable, understanding what deed is being used and what rights and responsibilities are involved is very important to set expectations moving forward.
*The information provided on this site does not, and is not intended to, constitute legal, financial, tax, or real estate advice. Please consult your expert for advice in those areas. All content is for general informational purposes only and is not intended to provide a complete description of the subject matter. Although Peak Title Professionals, provides information it believes to be accurate, Peak Title Professionals, makes no representations or warranties about the accuracy or completeness of the information contained on this site. Specific processes will vary based on applicable law. The title and closing process will be handled by a third-party attorney to the extent required by law. Product offerings vary by jurisdiction and are not available or solicited in any state where we are not licensed.
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