Ways to Hold Title in New York: Joint, Entirety, In Common

In New York you can hold a home alone, as joint tenants with right of survivorship, as tenants by the entirety if you are married, as tenants in common, or through an entity such as an LLC. The choice decides who gets the home when an owner dies and what each owner can do with their share.

If two or more people buy and the deed says nothing, New York law makes them tenants in common. The exception is a married couple, who become tenants by the entirety by default. This guide is general information. A real estate or estate attorney should confirm the right choice for you before closing.

The five options, side by side

Sole ownership

One person is on the deed or stock certificate and controls the home. When they die it passes under their will, or under New York’s intestacy rules if there is no will. A spouse who is not on the deed can still have rights under divorce and estate law, so being off title is not the same as having no claim.

Joint tenancy with right of survivorship

Each joint tenant owns the whole property together with the others. When one dies, their interest ends and the survivors keep the whole home without it passing through the will. New York requires the deed to say so expressly: a deed to two or more people creates a tenancy in common “unless expressly declared to be a joint tenancy” (EPTL §6-2.2(a)). Attorneys usually write “as joint tenants with right of survivorship.”

Joint tenants hold equal interests. A joint tenant can ask a court to partition the property: RPAPL §901 lets a person holding and in possession of real property as a joint tenant or tenant in common bring a partition action. If an owner wants out and the others won’t buy them out, the result can be a court-ordered sale.

New York also has a rule for unmarried people described on the deed as spouses. Real property, or co-op shares on or after January 1, 1996, conveyed to unmarried people described as husband and wife or spouses creates a joint tenancy unless the deed expressly declares a tenancy in common (EPTL §6-2.2(d)).

Tenancy by the entirety (married couples)

Only spouses can hold title this way. A deed of real property to a married couple creates a tenancy by the entirety unless it expressly says joint tenancy or tenancy in common (EPTL §6-2.2(b)). Since January 1, 1996, the same default applies when spouses receive co-op shares and a proprietary lease, unless the transfer expressly declares a joint tenancy (§6-2.2(c)).

Like a joint tenancy, it has survivorship: when one spouse dies, the other owns the whole home. Unlike a joint tenancy, it depends on the marriage, so one spouse cannot end it alone by suing for partition while the marriage lasts. A divorce ends the tenancy by the entirety, and the former spouses then generally hold the home as tenants in common unless the divorce settlement or judgment says otherwise. See divorce and the family home.

Tenancy in common

Each owner holds a separate, undivided share, which can be unequal: for example 70% and 30% if one buyer paid more of the down payment. There is no survivorship. When an owner dies, their share passes under their will or by intestacy, so a co-owner can end up sharing the home with the deceased owner’s heirs. Property inherited by two or more people under intestacy is itself held as tenants in common (§6-2.2(f)).

Tenancy in common is the usual choice for friends, siblings or unmarried partners who contributed different amounts and want to leave their share to someone else. Write the percentages on the deed and pair it with a written co-ownership agreement covering buyouts, sale and expenses. See buying a home with a partner or friend.

Holding title in an LLC

Investors often buy through a limited liability company to separate the property from their other assets. It is far less common for a home you live in, and it brings extra rules in NYC:

• Co-ops: many co-op boards do not sell to entities at all. Ask before you plan around an LLC.
• Transfer tax filings: for deed transfers of one- to four-family buildings, NYC’s Department of Finance requires an enhanced list of the LLC’s members on the transfer tax return, including the name and business address of all members.
• Tax breaks: the NYC co-op and condo abatement requires the unit to be the owner’s primary residence and allows only limited exceptions for LLC ownership through a security waiver application.
• Financing: standard residential mortgages are made to individuals. Ask lenders early if you want to borrow as an LLC.

The New York LLC Transparency Act

New York’s LLC Transparency Act (LLC Law §§1106–1108) took effect January 1, 2026. A “reporting company” must file a beneficial ownership disclosure with the Department of State listing each beneficial owner’s full legal name, date of birth, address and an ID number from a passport, driver’s license or government ID. The law says this information is kept in a secure database and treated as confidential, with limited exceptions such as court orders and law enforcement.

The law borrows its definitions from the federal Corporate Transparency Act “as amended, and any regulations promulgated thereunder,” so its reach follows changes in federal rules. The Department of State’s filing page currently addresses only non-exempt LLCs formed under the law of a foreign country and authorized to do business in New York; the filing fee is $25. Pryor Cashman likewise reports that LLCs formed in the U.S. are not currently covered. Under the statute, new reporting companies file within 30 days of applying for authority and existing ones within one year of the effective date (Pryor Cashman reads this as December 31, 2026). This area has changed several times, so confirm your LLC’s obligations with the Department of State or an attorney.

How to choose and get it right on the deed

1. 1

   Decide what should happen at death

   If you want the other owner to get the home automatically, you need survivorship (joint tenancy or, for spouses, tenancy by the entirety). If you want your share to go to someone else, tenancy in common fits better.
2. 2

   Decide how the shares should split

   Equal ownership works with joint tenancy. Unequal contributions usually point to tenancy in common with stated percentages.
3. 3

   Tell your attorney before the deed is drafted

   The vesting language is set in the deed or on the co-op stock certificate. See what a real estate attorney does.
4. 4

   Match your estate plan

   A will cannot override survivorship. Line up your will and title together. See passing your home to heirs.
5. 5

   Check the recorded deed after closing

   Look up your deed on ACRIS and confirm the names and vesting are right. See find your deed on ACRIS and deed theft protection.