How to Hold Title

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A Buyer’s Guide to Holding Title in Michigan

Brought to you by Klear Title

When you purchase a home in Michigan, one of the most important (and often overlooked) decisions you’ll make is how you hold title.

In simple terms, this means how ownership of the property is legally structured on your deed. If more than one person is purchasing the property, the way names are listed isn’t just formatting—it directly impacts ownership rights, inheritance, and what happens if one owner passes away or transfers their interest.

At Klear Title, we believe confident buyers make smooth closings. Here’s a clear, easy-to-understand breakdown of the most common ways to hold title in Michigan.

What Does “Holding Title” Mean?

Holding title refers to the legal way ownership is shared between individuals (or entities) on a property. Your choice affects:

How ownership is divided
What happens if an owner passes away
Whether probate is required
Your level of control over transferring ownership
Potential exposure to creditors

Choosing the right structure matters—and we’re here to help guide you through it.

Common Types of Tenancy in Michigan

Tenants in Common

How it appears on a deed:
John Smith and Sally Smith

This is the most flexible form of shared ownership.

Two or more parties can own the property together
Ownership percentages can be equal or unequal
Each owner can transfer or sell their interest independently
If an owner passes away, their share goes to their estate (not the co-owner)

Best for:
Unrelated buyers, investors, or partnerships who want flexibility in ownership.

Joint Tenancy with Full Rights of Survivorship

How it appears on a deed:
John Smith and Sally Smith, as joint tenants with full rights of survivorship

This option is designed for seamless transfer of ownership.

Ownership is equal among all parties
When one owner passes away, their interest automatically transfers to the surviving owner(s)
Avoids probate for the deceased owner’s share
More restrictive—ownership changes can impact the survivorship structure

Best for:
Couples or co-buyers who want ownership to pass automatically without court involvement.

Joint Tenancy

How it appears on a deed:
John Smith and Sally Smith, as joint tenants

Similar to survivorship tenancy—but with a key difference.

Equal ownership between parties
Survivorship rights exist initially
If one owner transfers their interest, the new owner becomes a tenant in common (no survivorship rights)

Best for:
Buyers who want survivorship benefits but with a bit more flexibility if ownership changes later.

Tenancy by the Entirety (Married Couples Only)

How it appears on a deed:
John Smith and Sally Smith, husband and wife

This is a powerful ownership option available only to legally married couples.

Both spouses own the property as a single legal unit
Neither spouse can transfer ownership without the other
Includes automatic survivorship rights
Offers added protection from certain individual creditors

Good to know:
In Michigan, this is typically the default when a married couple takes title together.

Best for:
Married couples looking for maximum protection and simplicity in ownership transfer.

What Happens Next?

Before closing, you’ll be asked how you’d like to hold title. This allows us to prepare your documents correctly and avoid delays at the closing table.

Not sure what’s best for your situation? That’s completely normal—this is one of the most common questions we get.

We’re here to help walk you through your options so you can make a confident decision.

Important Disclosure

The way you choose to hold title can have legal, financial, and tax implications, including how ownership is transferred upon death and how liability is shared.

This guide is intended for general informational purposes only. Klear Title is not a law firm and does not provide legal or tax advice. We strongly encourage you to consult with a qualified attorney and/or financial advisor to determine what option is best for your specific situation.