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Ways of Holding Title

  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


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