HOLDING TITLE
|
TENANCY IN COMMON |
JOINT TENANCY |
COMMUNITY PROPERTY |
COMMUNITY PROPERTY
WITH 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 and only when interest is created on or after July 1, 2001 |
Division |
Ownership can be
divided into any number of interests, equal or unequal. |
Ownership interest
cannot be divided |
Ownership interest
are equal |
Ownership interest
are equal |
Title |
Each CO-tenant has a
separate legal title to his undivided interest |
There is only
one titleto the whole property. |
Title in the
“Community.” (Similar totitle being in a partnership). |
Title in the
“Community.” (Similar to titlebeing in a partnership). |
Possession |
Equal right of
possession. |
Equal right of
possession. |
Equal right of
possession. |
Equal right of
possession. |
Conveyance |
Each CO-owner’s
interest may be conveyed separately by it’s 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. |
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 wholetitle of community. Cannot acquire a part of it. |
Purchaser can only
acquire whole title of community. Cannot acquire a part of it. |
Death |
On CO-owners death,
his interests passes by will to his devisees or heirs. No survivorship right |
On CO-owners death,
his interest ends and cannot be willed. Survivor owns the property by
survivorship. |
On CO-owners death,
1/2 goes to survivor in severalty. Up to 1/2 goes by will or succession to
others. (Consult attorney with specific questions). |
On CO-owners death,
descendants interest ends and cannot be willed. Survivor owns the property by
survivorship. |
Successor’s Status |
Devises or heirs
become tenants in common. |
Last survivor owns
property in severalty. |
If passing by will,
tenancy in common between devisee and survivor results. |
Last survivor owns
property in severalty. |
Creditor’s Rights |
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 creditor. Joint tenancy is broken,
creditor becomes tenant in common. |
CO-owners 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). |
CO-owners 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) |
May be expressly
stated and properly formed. Not favored. |
Strong Presumption
that property acquired by husband and wife is community. |
Strong Presumption
that property acquired by husband and wife is community. |