Jason B. Lingerfelt, Attorney at Law – North Georgia Real Estate Closing Attorney – "A Realtor's Friend"

Holding Title to Property in Georgia

This is just a summary and is not an exhaustive explanation of the ways title can be held.

In the State of Georgia, property title can be held:

• Individually
• Tenants in Common
  • Two or more people can also own distinct and separate interests in the same piece real estate, either presently or in the future.
  • One of several owners of the property owns by the whole and by the part. This is because even though a person may own a one half interest in the property, they have the right to occupy the entire parcel.
  • Ownership passes to heirs upon death of an Owner
  • The way Corporations, LLC’s and other non-person entities hold title.
• Tenants in Common with Rights of Survivorship (aka Joint Tenancy with a Right of Survivorship)
  • The interest and title of a tenant who dies is passed automatically by operation of law to the surviving owners of the property. There is no need to transfer title through the probate court.
  • You don’t have to be related or married to hold title this way. (ex. Friends, Brother/Sister, Boyfriend/Girlfriend, etc.)