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Tenancy in Common |
Joint Tenancy |
Community Property |
Community Property with Right of Survivorship |
| WHO? |
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 divided into any number of interests, equal or unequal. |
Owner interests must be equal. |
Ownership and managerial interests are equal. |
Ownership and managerial interests are equal. |
| TITLE |
Each co-owner has a separate legal title to his or her undividedinterest. |
There must be unity of title and time. (created in one document) |
Title is in the “community.” Each interest is separatebut management is unified. |
Title is in the “community.” Each interest is separatebut management is unified. Title must expressly statecommunity property with right to survivorship. |
| POSSESSION |
Equal rights of possession. |
Equal rights of possession. |
Both co-owners have equal management and control. |
Both co-owners have equal management and control. |
| CONVEYANCE |
Each co-owner’s interest may be conveyed separately by its individualowner. |
Conveyance by one co-owner without the others will terminate that individual’sjoint tenancy. |
Real property requires written consent of other spouse, and separateinterest cannot be conveyed except upon death. |
Real property requires written consent of other spouse, and separateinterest cannot be conveyed except upon death. |
| PURCHASER’S STATUS |
Purchaser will become a tenant in common with the other property co-owners. |
Purchase will become a tenant in common with the other co-owners. |
Purchaser can acquire title from the community with written consentor joinder of both spouses. |
Purchaser can acquire title from the community with written consentor joinder of both spouses. |
| DEATH |
On co-owner’s death, his or her interest passes by will to thatperson’s devisees or heirs. No survivorship right. |
On co-owner’s death, his or her interest ends and cannot be disposedof by will. Survivor(s) own(s) the property. Anaffidavit of death of joint tenant establishes death. |
Upon death of one spouse, 50% belongs to surviving spouse, 50%goes by will to descendant’s devisees or by succession tosurviving spouse. |
Upon death of one spouse, his or her interest ends and cannot bedisposed by will. Survivor owns the property 100%.An affidavit of death (community property with right of survivorship)establishes death of a spouse. |
| SUCCESSOR’S STATUS |
Heirs become tenants in common. |
Last survivor owns property 100% |
If passing by will, tenancy in common between devisees and survivorresults. |
Purchaser can only acquire whole title of community; cannot acquirea part of it. |
| CREDITOR’SRIGHTS |
Co-owner’s interest may be sold on execution sale to satisfy his or hercreditor. The 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 |
Property of community is liable for contracts of either spouse whichwere made after marriage and prior to or after January 1,1975. Co-owner’s interest cannot be sold separately;whole property may be sold on execution to satisfy creditor. |
Property of community is liable for contracts of either spouse whichwere made after marriage and prior to or after January 1,1975. Co-owner’s interest cannot be sold separately;whole property may be sold on execution to satisfy creditor. |
| PRESUMPTION |
Favored in doubtful cases except husband and wife case. |
Must be expressly stated. Not favored. |
The legal presumption is that property which has been acquiredduring the course of the marriage is community property. |
The code reads that deeds must state “community propertywith the right of survivorship.” |