How to Take Title on Property

Vesting SubjectTenancy in ComnonJoint TenancyCommunity PropertyCommunity Property With Right of Survivorship
PartiesAny number of persons (can be husband and wife).Any number of persons (can be husband and wife).Only husband and wifeOnly husband and wife and only when interest is created on or after 7/1/01.
DivisionOwnership can be divided into any number of interest, equal or unequal.Ownership interests cannot be divided.Ownership interests are equal.Ownership interests are equal.
TitleEach co-owner 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).
PossessionEqual right of possession.Equal right of possession.Equal right of possession.Equal right of possession.
ConveyanceEach 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 in conveyance of real property. Separate interests cannot be conveyed.Both co-owners must join in conveyance of real property. Separate interests cannot be conveyed.
Purchaser’s StatusPurchaser 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.
DeathOn 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 StatusDevisees 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 RightsCo-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 a tenant in common.Co-owner’s interest cannot be seized and sold separately. The whole property may be sold to satisfy debts of 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 may be sold to satisfy debts of either husband or wife depending on the debt. (Consult attorney with specific questions.)
PresumptionFavored 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.

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