| Tenancy in Common |
Joint Tenancy |
Community Property |
Community Property With Right of Survivorship |
| Parties |
| Any number of persons. (can be husband & wife.) |
Any number of persons. |
Only husband and wife. |
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. |
Ownership and management 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. |
Each interest is separate but management is unified. |
| Possession |
| Equal right of possession. |
Equal right of possession. |
Equal right of possession. |
Husband and wife 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 the joint tenancy. |
Both co-owners must join on conveyance of real property. Separate interest cannot be conveyed. |
Separate interest cannot be conveyed without consent of spouse. Upon death survivor can convey full title with proper affidavit. |
| 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. |
Can only acquire as husband and wife and must express (in deed) the intent to acquire title with "right of survivorship". |
| 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. |
By affidavit death of spouse for right of survivorship, spouse gains full title. |
| 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. |
Co-owner's interest cannot be seized and sold separately. The whole property may be sold on execution sale to satisfy creditor. |
