What is the best way for you to hold title?

Williston Vermont Land Records

 When purchasing real estate in Vermont, it's important to understand the different ways in which you can hold title to the property. There are three main types of ownership: tenants in common, joint tenants, and tenants by the entirety. Each of these forms of ownership has its own advantages and disadvantages. In this blog post, we'll take a closer look at each of these options and what they mean for property owners in Vermont.

 

Tenants in Common

 

When property is held as tenants in common, each owner has an undivided interest in the property. This means that each owner has a specific share of ownership, but they don't necessarily own a specific part of the property. For example, if three people own a property as tenants in common, each might own a one-third share of the property, but they wouldn't necessarily have a specific portion of the property that they can call their own.

 

One advantage of holding property as tenants in common is that each owner has the right to sell their share of the property without the permission of the other owners. This can be helpful if one owner wants to cash out their investment or needs to sell their share for personal reasons.

 

Another feature of holding property as tenants in common is that if one owner dies, their share of the property will pass to their heirs rather than to the other owners. This means that the other owners might end up owning property with people they didn't choose to go into business with. Additionally, if one owner fails to pay their share of taxes or other expenses related to the property, the other owners could be held responsible.

 

Joint Tenants

 

When property is held as joint tenants, each owner has a share of ownership in the property. However, unlike tenants in common, if one owner dies, their share of the property passes to the remaining owners rather than to their heirs. This means that the last surviving owner will own the entire property. Title will automatically pass to the survivor(s) without the need for opening an estate with Probate Court. 

 

Tenants by the Entirety

 

Tenants by the entirety is a form of ownership that's only available to married couples in Vermont. When property is held as tenants by the entirety, each spouse has an equal share of ownership in the property. However, if one spouse dies, their share of the property passes to the surviving spouse rather than to their heirs.

 

An advantage of holding property as tenants by the entirety is that it can offer some protection in the event of a claims made against one spouse. For example, if one spouse incurs debts or legal issues, the property might be protected from being used to pay off those debts. Additionally, if one spouse dies, the surviving spouse will automatically become the sole owner of the property.  

Real estate appraiser evaluating a Vermont home to determine its value for a home purchase.
September 2, 2026
Learn what a low Vermont home appraisal means for buyers and sellers, including financing, price negotiations, contingencies and closing options.
Peet Law Group Named Best Vermont Law Firm
August 5, 2026
Peet Law Group was named Best Vermont Law Firm in the 2026 Seven Daysies Awards for the fourth consecutive year. Thank you to our clients and industry partners.
What Closing Costs Do Vermont Home Sellers Pay?
August 5, 2026
Learn what closing costs Vermont home sellers typically pay, including real estate commissions, attorney fees, mortgage payoffs, taxes, and non-resident withholding.
Vermont Condominium
July 29, 2026
Learn what to review before closing on a Vermont condo purchase, including resale certificates, special assessments, association finances, insurance, rules, and more.
Vermont Home Buyer Closing Costs
By Fred Peet July 23, 2026
Learn what closing costs Vermont home buyers pay, including transfer tax, title insurance, attorney fees, lender costs, escrow deposits, and more.
Married Couples Should  Own Vermont Home as Tenants by the Entirety
July 16, 2026
Why Every Married Vermont Homeowner Should Understand Tenancy by the Entirety
July 8, 2026
Buying or Selling a Home in Vermont? Here's What Happens After the Contract Is Signed
Delaware Statutory Trust DST
July 1, 2026
A Delaware Statutory Trust Can Help You Defer Capital Gains Taxes While Transitioning From Active Property Management to Passive Real Estate Ownership
A surveyed vacant land parcel in Vermont with a property survey, marked building site, gravel drivew
June 15, 2026
Buying vacant land in Vermont? Learn about zoning, septic permits, Current Use, Act 250, wetlands, flood zones, financing, and other essential due diligence tips before you buy.
Common Vermont Title Issues and How They Are Resolved
June 10, 2026
Learn how Vermont attorneys resolve title defects, clear liens, address deed issues, and help buyers and sellers reach a successful closing.