Holding of Title
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Tenancy In Common |
Joint Tenancy |
Community Property with Right of Survivorship | Community Property | |
| Parties |
Any number of persons (can be husband and wife).
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Any number of persons (can be husband and wife). | Only husband and wife, registered domestic partners or same sex couple | Only husband and wife | |
| Division | Ownership can be divided into any number of interests, equal or unequal. |
Ownership interests are equal and cannot be transferred without severing the joint tenancy.
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Ownership interest is equal | Ownership interests are equal. | |
| Title |
Each co-owner has a separate legal title to his undivided interest.
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There is only one title to the whole property. |
Title is in the "community". Each interest is separate | Title is in the "Community" (Similar to title being in a partnership). | |
| Possession |
Equal right of possession.
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Equal right of possession. | Both co-owners have equal possession | Equal right of possession. | |
| Conveyance |
Each co-owner's interest may be conveyed separately by its owner.
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Conveyance by one co-owner without the other breaks the joint tenancy. | Real property requires written consent of other spouse, and with separate interest cannot be conveyed except upon death | Both co-owners must join in conveyance of real property. Separate interests can not be conveyed. | |
| Purchaser's Status | Purchaser becomes a tenant in common with other co-owners. |
Joint tenant can transfer his/her interest to another party, who then becomes a Tenant in Common with the remaining Joint Tenants.
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| Death |
On co-owner's death, his interest passes by will to his devisees or heirs. No survivorship right.
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On co-owner's death, his interest ends and cannot be willed. Survivor owns the property by survivorship. | On co-owners death the entire tenancy remains to the survivor. This right of survivorship is one of the primary incident of community property with right of survivorship | On co-owner's death, 1/2 goes to the 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.
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Last survivor owns property in severalty. | If passing by Will, tenancy in common between devisee and survivor results | If passing by will, tenancy in common between devisee and survivor results. | |
| 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. | Property of community is liable for contracts of either spouse which are made after marriage and prior to or after January 1, 1975. Co-owner's interest can note be sold separately; whole property may be sold on execution to satisfy creditor |
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).
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| Presumption | Favored in doubtful cases except husband and wife (See Community Property). | Must be expressly stated and properly formed. Not favored. |
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