| 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. |
| Division |
Ownership can be divided into any number of inter- ests, equal or unequal |
Ownership interest cannot be divided. |
Ownership interests are equal. |
Ownership interests 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." (Similar to title being in a partnership) |
Title is 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 join in conveyance of real property . Separate inter- ests cannot be conveyed. |
Both co-owners must join in conveyance of real property . Separate inter- ests 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 wholl' title of community: cannot acquire a part of it. |
Purchaser can only acquire whole title of community: cannot acquire part a 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, 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) |
| 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. |
Last survivor owns property in severalty. |
| 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 sepa- rately. 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 sepa- rately. The whole property may be sold to satisfy debts of 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. |
Single conveyance and parties must indicate consent which can be indicated on deed. |
Real Estate 
