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Tenants in Common |
Joint Tenants |
Community Property |
Parties |
Any number of persons, can be husband and wife. |
Any number of persons, can be husband and wife. |
Can only be husband and wife. |
Division |
Ownership can be divided into any number of interests. |
Ownership interest cannot be divided. |
Ownership interests are equal. |
Title |
Each co-owner has a separate legal title to his undivided interest. |
There is only one title to the whole property. |
Title is in the community similar to title being in a partnership. |
Possession |
Equal rights of possession. |
Equal rights of possession. |
Equal rights of possession. |
Conveyance |
Each co-owner's interests may be conveyed separately by its owner. |
Conveyance by the one co-owner without the other breaks the joint tenancy. |
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. |
Purchaser can only acquire whole title of community; cannot acquire a part of it. |
Death |
On co-owner's death, his interest passes by will to his devisees or heirs. No right of survivorship. |
On co-owner's death, his interest ends and cannot be willed to his heirs Survivor owns the property by right of 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.) |
Successor's Status |
Devisees of heirs become tenants in common. |
Last survivor owns property in severalty. |
If passing by will, tenancy in common between devisees and survivor results. |
Creditors |
Co-owner's interest may be sold on execution sale to satisfy his 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 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). |
Must be expressly stated and properly formed |
Strong presumption that property acquired by husband or wife in community. |
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