| |
Tenancy in Common |
Joint Tenancy |
Community
Property |
| Parties |
Any number of persons (can be husband and
wife) |
Any number of persons (can be husband and
wife) |
Only husband and wife |
| Division |
Ownership can be divided into any number of
interests equal or unequal |
Ownership interests must be
equal |
Ownership and managerial
interests are equal except control of business is solely with
managing spouse |
| Title |
Each co-owner has a separate
legal title to his undivided interest |
There is only one title to
the entire property |
Title is the
"community." Each interest is separate but management is
unified |
| Possession |
Equal right of
possession |
Equal right of
possession |
Both co-owners have equal
management and control |
| Conveyance |
Each co-owner's interest may
be conveyed separately by its owner |
Conveyance by one co-owner
without the others breaks his joint tenancy |
Personal properties (except
"necessaries") may be conveyed for valuable consideration without
consent of other spouse |
|
Purchaser's
Status |
Purchaser will become a
tenant in common with the other co-owners |
Purchaser will become a
tenant in common with the other co-owners |
Purchaser can only acquire
whole title of community, not a part of it |
| Death |
On co-owner's death his
interest passes by will to his devisees or his heirs |
On co-owner's death his
interest ends and cannot be disposed of by will. |
On co-owner's death half
belongs to survivor in severalty. Half goes by will to
descendants or devisees or by succession to survivor |
| Successor's Status |
Devisees or heirs become
tenants in common |
Last survivor owns property
in serveralty |
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 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 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't be sold on execution to satisfy
creditor |
| Presumption |
Favored in doubtful cases
except husband and wife |
Must be expressly
stated |
Strong presumption that
property acquired by husband and wife
is community |