Tenancy in Common

Joint Tenancy

Community Property

Community Property with Right of Survivorship

Tenancy in Partnership

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

Only Partners (any number)

Division

Ownership can be divided into any number of interests equal or unequal

Ownership interests must be equal

Ownership interests are equal

Ownership interest is equal

Ownership interest is in relation to interest in partnership

Title

Each co-owner has a separate legal title to his undivided interest

There is only one title to the whole property

There is only one title but each co-owner has a separate interest

Title is in the "community".  Each interest is separate

Each co-owner's interest is owned in partnership for partnership purposes

Possession

Equal right of possession

Equal right of possession

Equal right of management and control except in case of personal property used in a business

Both co-owners have equal possession

Equal right of possession for partnership purposes. No right of possession for any other purpose except by mutual consent.

Conveyance

Each co-owner's interest may be conveyed separately by its owner

An conveyance by one of the joint tenants alone breaks the joint tenancy between his interest and the others but does not affect the continuation of the joint tenancy between the interests of any two or more other joint tenants

Interests cannot be conveyed separately. Both co-owners must join in conveyance of real property. Either co-owner can transfer personal property.

Real property requires written consent of other spouse, and with separate interest cannot be conveyed except upon death

Partner's individual interest in specific property cannot be conveyed separately. Any authorized partner can convey the whole partnership title

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 cannot acquire one co-owner's interest and hold as community property with other co-owner

Purchaser can only acquire the whole title unless he becomes a partner

Death

On co-owner's death this interest passes to his devisees under his will or to his heirs. No survivorship right

On co-owner's death, his interest ends and cannot be disposed of by will. Survivor owns the property by survivorship.

On co-owner's death, 1/2 belongs to survivor in severalty, 1/2 goes by will to decedents devisees or by succession to survivor.

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

Purchaser can only acquire the whole title unless he becomes a partner

Successor's Status

Devisees or heirs become tenants in common.

Last survivor owns property in severalty.

If passing by will, tenancy in common between devisee and survivor results.

If passing by Will, tenancy in common between devisee and survivor results

Devisees or heirs have no rights in specific partnership property.

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  his creditor. Joint tenancy is broken, creditor becomes tenant in common.

Community property is liable for the debt of either co-owner contracted after marriage. Debtor co-owner's interest cannot be sold separately on execution; whole property must be sold to satisfy creditor.

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 note be sold separately; whole property may be sold on execution to satisfy creditor

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

Favored in doubtful cases except husband and wife case.

Must be expressly stated. Not favored.

Strong presumption that property acquired by husband and wife is community.

Arise only by virtue of partnership status in specific property held in partnership.