Tenancy In Common | Joint Tenancy | Community Property | Community Property Right Of Survivorship | |
---|---|---|---|---|
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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