| Parties |
Any number of persons.
(can be husband and
wife) |
Any number of persons.
(can be husband and
wife) |
Only husband and wife. |
Only husband and wife and only when interest is
created on or after July 1, 2001. |
| Division |
Ownership can be divided into any number of interests
equal or unequal. |
Ownership interests cannot be divided. |
Ownership interests are equal. |
Ownership interests are equal. |
| Title |
Each co-owner's has a separate legal title to his
undivided interest. |
There is only one title to the whole property. |
Title in the "Community."
(Similar to title being
in a partnership). |
Title in the "Community."
(Similar to title being
in a partnership). |
| Possession |
Equal right of 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 joint in conveyance of real
property. Separate interests cannot be conveyed. |
Both co-owners must joint 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 with the other
co-owners. |
Purchaser can only acquire whole title of
community. Cannot acquire a part of it. |
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 survivorship right. |
On co-owner's death, his interest ends and cannot be
willed. Survivor owns the property by 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). |
On co-owner's death, decedent's interest ends and
cannot be willed. Survivor owns the property by survivorship. |
| Successor's Status |
Devises or heirs become tenants in common. |
Last survivor owns property in severalty. |
If passing by will, tenancy in common between devisee
and survivor results. |
Last survivor owns property in severalty. |
| Creditor's Rights |
Co-owner's interest may be sold on execution sales to
satisfy his creditor. Creditor becomes a tenant in common. |
Co-owner's interest may be sold on execution sales 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 my be sold to satisfy debts or either
husband or wife depending on the debt.
(Consult attorney with specific
questions). |
Co-owner's interest cannot be seized and sold
separately. The whole property my be sold to satisfy debts or 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.
Not favored. |
Strong presumption that property acquired by husband
and wife is community. |
Strong presumption that property acquired by husband
and wife is community. |