if property
is held in
Tenancy in Common
|
if property
is held in
Joint Tenancy
|
if property
is held in
Community Property
|
|
PARTIES
|
| Any
number of persons. (can be husband & wife.) |
Any
number of persons. |
Only
husband and wife. |
|
DIVISION
|
| Ownerships
can be divided into any number of interests equal or unequal. |
Ownership
interests must be equal. |
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". Each interest is separate but management is unified. |
|
POSSESSION
|
| Equal
right of possession. |
Equal
right of possession. |
Equal
right of possession. |
|
CONVEYANCE
|
| Each
co-owner's interest may be conveyed separately by its owner. |
Conveyance
by one co-owner without the others breaks the joint tenancy. |
Both
co-owners must join on conveyance of real property. Separate interest cannot
be conveyed. |
|
PURCHASER'S
STATUS
|
| Purchaser
will become a tenant in common with the other co-owners in the property. |
Purchaser
will become a tenant in common with the other co-owners in the property |
Purchaser
can only acquire whole title of community: cannot 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 interests end and cannot be disposed of by will.
Survivor owns the property by rights of survivorship. |
On
co-owner's death 1/2 belongs to survivor in severalty 1/2 goes by will
to descendant's devisees or by succession to survivor. |
|
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. |
Co-owner's
interest cannot be seized and sold separately. The whole property may be
sold on execution sale to satisfy creditor |