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Tenancy in
Common |
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Joint Tenancy |
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Community
Property |
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Community
Property
With Right of Survivorship |
| Parties |
Any number of persons (can be husband and wife) |
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Any number of persons (can be husband and wife) |
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Only husband and wife |
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Only husband and wife,and only when interest is created on or after 7/1/01 |
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| Division |
Ownership can be divided into any number of interests equal or unequal |
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Ownership interests cannot be divided |
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Ownership interests are equal |
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Ownership interests are equal |
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| Title |
Each co-owner has a separate legal title to his/her undivided interests |
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There is only one title to the whole property |
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Title is in the “community” |
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Title is in the “community” |
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| Possession |
Equal right of possession |
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Equal right of possession |
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Equal right of possession |
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Equal right of possession |
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| Conveyance |
Each co-owners interests may be conveyed separately by its owner |
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Conveyance by one co-owner without the others breaks the joint tenancy |
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Both co-owners must join in conveyance of real property. Separate interests cannot be conveyed |
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Both co-owners must join in conveyance of real property. Separate interests cannot be conveyed |
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| Purchasers Status |
Purchaser becomes a tenant in common with the other co-owners |
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Purchaser becomes a tenant in common with the other co-owners |
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Purchaser can only acquire whole title of community. cannot acquire a part of it. |
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Purchaser can only acquire whole title of community. cannot acquire a part of it. |
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| Death |
On co-owner’s death his interest passes by will or succession to his devisees or heirs. No survivorship right |
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On co-owners death, his interest ends and cannot be willed. Survivor owns the property by survivorship |
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On co-owners death half goes to survivor in severalty. Up to half goes by will or succession to others (consult an attorney with specific questions) |
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On Co-owners death, descendent's interest ends and cannot be willed. Survivor owns the property by survivorship. |
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| Successors Status |
Devisees or heirs become tenancy in common |
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Last survivor owns property in severalty |
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If passing by will, tenancy in common between devisee and survivor results |
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Last survivor owns property in severalty. |
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| Creditors |
Co-owner’s interest may be sold on execution sale to satisfy his creditor. Creditor becomes a tenant in common |
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Co-owner’s interest may be sold on execution sale to satisfy creditor. Joint tenancy is broken, creditor becomes a tenant in common |
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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 an attorney) |
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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 an attorney) |
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| Presumption |
Favored in doubtful cases except husband and wife (see community property) |
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Must be expressly stated and properly formed. Not favored |
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Strong presumption that property acquired by husband and wife is community |
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Strong presumption that property acquired by husband and wife is community |
