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Tenancy in Common |
Joint Tenancy |
Community Property |
| Title |
Each co-owner has a separate legal title to his/her undivided interests |
There is only one title to the whole property |
Title is in the "community" |
| Division |
Ownership can be divided into any number of interests equal or unequal |
Ownership interests cannot be divided |
Ownership interests equal |
| Parties |
Any number of persons (can be husband and wife) |
Any number of persons (can be husband and wife) |
Only husband and wife |
| Possession |
Equal right of possession |
Equal right of possession |
Equal right of possession |
| Conveyance |
Each co-owners interests 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. |
| Purchasers 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 while title of community: cannot acquire part of it |
| Successors Status |
Devisee´s or heirs become tenancy in common |
Last survivor owns property in severalty |
If passing by will, tenancy in common between devisee and survivor results |
| Creditors |
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 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 an attorney) |
| 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. |
| Death |
On co-owner´s death his interest passes by will or succession 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 ˝ goes to survivor in severalty. Up to ˝ goes by will or succession to others (consult an attorney with specific questions) |
| This is provided for informational purposes only. |
