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Tenancy in Common |
Joint Tenancy |
Community Property |
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Parties |
Any number of persons (can be husband & wife.) |
Any number of persons (can be husband & wife.) |
Only Husband & Wife. |
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Division |
Ownership can be divided into any number of interests, equal or
unequal. |
Ownership interests cannot be divided. |
Ownership interests are equal. |
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Title |
Each co-owner has separate legal title to his/her undivided interests. |
There is only one title to the whole property. |
Title is in the “community” similar to title being in a
partnership. |
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Possession |
Equal right of possession. |
Equal right of possession. |
Equal right of possession. |
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Conveyance |
Each co-owner’s interests may be conveyed separately by its owner. |
Conveyance by one co-owner without the others breaks the joint tenancy. |
Both co-owners must join in conveyance of reap property. Separate
interests cannot be conveyed. |
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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. |
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Death |
On co-owner’s death, his/her interest passes by will to his/her
heirs. No survivorship right. |
On co-owner’s death, his/her 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.* |
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Successor’s Status |
Heirs become tenants in common. |
Last survivor owns property in severalty. |
If passing by will, tenancy in common between devisee and survivor
results. |
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Creditors |
Co-owner’s interests may be sold on execution sale to satisfy his/her
creditors. Creditor becomes a tenant in common. |
Co-owner's interest may be sold on execution sale to satisfy his
creditors. Joint tenancy is broken. Creditor becomes a tenant in common. |
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 Attorney with specific questions.* |
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Presumption |
Favored in doubtful cases except husband and wife. (See community
property.) |
Must be expressly stated and properly formed. |
Strong presumption that property acquired by husband and wife. |
