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COMMUNITY PROPERTY |
JOINT TENANCY |
COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP |
TENANCY IN COMMON |
TENANCY IN PARTNERSHIP |
| Parties |
Only Husband and wife or domestic partners |
Two or more persons (may be spouses or domestic partners) |
Husband and wife or domestic partners |
Two or more persons (may be spouses or domestic partners) |
Only partners (any number) |
| Division |
Ownership and managerial interest are equal except control of business is solely with managing spouse/partner |
Ownership interest must be equal |
Ownership interest is equal |
Ownership can be divided into any number of interest equal or unequal |
Ownership interest is in relation to interest in partnership |
| Title |
Title is in the "community". Each interest is separate but management is unified |
There is only one title to the whole property |
Title is in the "community". Each interest is separate |
Each co-owner has a separate legal title to his undivided interest |
Title is in the "partnership" |
| Possession |
Both co-owners have equal management and control |
Equal right of possession |
Both co-owners have equal possession |
Equal right of possession |
Equal right of possession but only for partnership purposes |
| Conveyance |
Personal property (except "necessaries") may be conveyed for valuable consideration without consent of other spouse/partner; real property required written consent of other spouse/partner, and separate interest cannot be conveyed except upon death. |
Conveyance by one co-owner without the others break his joint tenancy |
Real property requires written consent of other spouse/partner, and with separate interest cannot be conveyed except upon death |
Each co-owner's interest may be conveyed separately by its owner |
Any authorized partner may convey whole partnership property. No partner may sell his interest in the partnership without consent of his copartners |
| Purchaser's Status |
Purchaser can only acquire whole title of community; cannot acquire a part of it |
Purchaser will become a tenant in common with the other co-owners in the property |
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Purchaser will become a tenant in common with the other co-owner in the property |
Purchaser can only acquire the whole title |
| Death |
On co-owner's death, 1/2 belongs to survivor in severalty 1/2 goes by will to decedent's devisees or by succession to survivor |
On co-owner's death, his interest ends and cannot be deposed of by will. Survivor owns the property by survivorship |
On co-owners death the entire tenancy remains to the survivor. This right of survivorship is one of the primary incident of community property with right of survivorship. |
On co-owner's death his interest passes by will to his devisees or his heir. No survivorship rights |
On partner's death, his partnership interest passes to the surviving partner pending liquidation of the partnership. Share of deceased partner then goes to his estate |
| Successor's Status |
If passing by will, tenancy in common between devisee and survivor results |
Last survivor owns property in severalty |
If passing by Will, tenancy in common between devisee and survivor results |
Devisee or heirs become tenants in common |
Heirs or devises have rights in partnership interest but not in the specific property |
| Creditor's Rights |
Property of community is liable for contracts of either spouse/partner which are made after marriage and prior to or after marriage and prior or after January 1, 1975. Co-owner's interest can't be sold separately: whole property may be sold on execution to satisfy creditor |
Co-owner's interest may be sold on execution sale to satisfy creditor. Joint tenancy is broken, creditor becomes tenant in common |
Property of community is liable for contracts of either spouse/partner which are made after marriage and prior to or after January 1, 1975. Co-owner's interest can not be sold separately; whole property may be sold on execution to satisfy creditor |
Co-owner's interest may be sold on execution sale to satisfy his creditor. Creditor becomes tenant in common |
Partner's interest cannot be seized or sold separately by his personal creditor but his share of profits may be obtained by a personal creditor. Whole property may be sold on execution sale to satisfy partnership creditor |
| Presumption |
Strong presumption that property acquired by husband and wife/domestic partners is community property |
Must be expressly stated. Not favored |
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Favored in doubtful cases except husband and wife/domestic partners case |
Arise only be virtue of partnership statue in property placed in partnership |
