|
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. |