Del Mar - Encinitas - La Jolla - coastal San Diego real estate

 

About Bob La Jolla Map Buyer Resources Seller Resources Other Resources

Home Contact Us Senior Services Lawyers Articles Local Info

San Diego Zoo

Quick Reference Table

 

TENANCY IN COMMON

JOINT TENANCY

COMMUNITY PROPERTY

Parties

Any number of persons

(can be husband and wife.)

Any number of persons

(can be husband and wife.)

Only husband and wife.

Division

Ownership can be divided into any

number of interests, equal or unequal.

Ownership interests cannot

be divided.

Ownership 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."

Possession

Equal right of possession.

Equal right of possession.

Equal right of possession.

nveyance

Conveyance

Each co-owner's interests may be

conveyed separately by its owner.

Conveyance by one

co-owner without the other

breaks the joint tenancy.

Both co-owners must join in

conveyance of real property.

Separate interests cannot be

conveyed.

Purchaser's

Status

Purchaser becomes a tenant in

common with the other co-owners.

Purchaser becomes a tenant

in common with the other

co-owners.

Purchaser can only acquire whole

title of community; cannot acquire

a part of it.

Death

On co-owner's death, his interest

passes by will or succession 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.)

Successor's

Status

Devisees or heirs become tenants

in common.

Last survivor owns property

in severalty.

If passing by will, tenancy in

common between devisee and

survivor results.

Creditor's

Co-owner's interest may be sold

on execution sale to satisfy his

creditor.

Creditor becomes a tenant in

common.

Co-owner's interest may be

sold on execution sale to

satisfy his creditor. Joint

tenancy is broken, creditor

becomes a tenant in common.

Co-owner's interest 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.)

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.

This is provided for informational purposes only. Specific questions for actual real property transactions
should be directed to your attorney or C.P.A.

 

 

Home Up Next

La Jolla - Del Mar - Encinitas - San Diego coastal real estate - Distinctive San Diego Homes
Copyright www.websitetrafficbuilders.com 2003.
All rights reserved.