| Parties |
Any number of persons (can be husband and wife) |
Any number of persons (can be husband and wife) |
Only husband and wife |
Only husband and wife |
| Division |
Ownership can be dividedinto any number of interests, equal or unequal |
Ownership interests cannotbe divided |
Ownership interests are equal |
Ownership and managerial interests are equal |
| Title |
Each co-owner has a separate legal title to his undivided interests |
There is only one title to the whole property |
Title is in the “community”(Similar to title being in a partnership) |
Title is in the “community”, management is unified |
| Possession |
Equal right of possession |
Equal right of possession |
Equal right of possession |
Both co-owners have equal management and control |
| Conveyance |
Each co-owner’s interests may be conveyed separately by its owner |
Conveyance by one co-owner without the others breaks the joint tenancy |
Both co-owners must join in conveyance of real property. Separate interests cannot be conveyed |
Right of survivorship may be terminated pursuant to the same procedures by which a joint tenancy may be severed |
| Purchaser’s Status |
Purchaser becomes a tenantin common with the otherco-owners |
Purchaser becomes a tenantin common with the otherco-owners |
Purchaser can only acquire whole title of community; cannot acquire a part of it |
Purchaser can only acquirewhole title of community; cannot acquire a part of it |
| Death |
On co-owner’s death, his interest passes by will to his devisees or heirs. No survivorship right |
On co-owner’s death, his interest ends and cannot be willed. Survivor owns the property by survivorship |
On co-owner’s death, 1/2 goes to survivor in severalty.Up to 1/2 goes by will or succession to others (consult attorney with specific questions) |
Upon the death of a spouse, his/her interest passes to the surviving spouse, without administration, subject to the same procedures as property held in joint tenancy |
| Successor’s Status |
Devisees or heirs become tenants in common |
Last survivor owns property in severalty |
If passing by will, tenancy incommon between devisee and survivor results |
Surviving spouse owns property |
| Creditors |
Co-owner’s interest may be sold on execution sale to satisfy his creditor. Creditor becomes a tenant in common |
Co-owner’s interest maybe sold on execution sale to satisfy his creditor. Joint tenancy is broken, creditor becomes a tenant in common |
Co-owner’s interests cannot be seized and sold separately. The whole property may be sold to satisfy debts of either husband or wife, depending on the debt (consult attorney with specific questions) |
Property of community is liable for debts whichare made before or after marriage; whole property may be sold on execution sale to satisfy creditor |
| Presumption |
Favored in doubtful cases except husband and wife (see Community Property) |
Must be expressly stated and properly formed. Not favored |
Strong presumption that property acquired by husband and wife is community |
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