Title and Escrow
This is general information. To determine the proper choice for your particular situation you must consult with your attorney, legal advisor and/or financial advisor(s).
Tenancy in Common | Joint Tenancy | Community Property | Community Property W/ Right of Survivorship |
PARTIES | |||
Any number of persons. (can be husband & wife.) | Any number of persons | Only husband and wife. | Only husband and wife. |
DIVISION | |||
Ownerships can be divided into any number of interests equal or unequal. | Ownership interests must be equal | Ownership interests are equal. | Ownership and management 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". Each interest is separate but management is unified. | Each interest is separate but management is unified. |
POSSESSION | |||
Equal right of possession. | Equal right of possession. | Equal right of possession. | Husband and wife have equal management and control. |
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 on conveyance of real property. Separate interest cannot be conveyed. | Separate interest cannot be conveyed without consent of spouse. Upon death survivor can convey full title with proper affidavit. |
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 can only acquire whole title of community: cannot cannot acquire a part of it. | Can only acquire as husband and wife and must express (in deed) the intent to acquire title with "right of survivorship" |
DEATH | |||
On co-owner's death, his interest passes by will to his devisees or heirs. No right of survivorship. | On co-owner's death, his interests end and cannot be disposed of by will. Survivor owns the property by rights of survivorship. | On co-owner's death 1/2 belongs to survivor in severalty 1/2 goes by will to descendant's devisees or by succession to survivor | By affidavit death of spouse for right of survivorship, spouse gains full title. |
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 separately. The whole property may be sold on execution sale to satisfy creditor. | Co-owner's interest cannot be seized and sold separately. The whole property may be sold on execution sale to satisfy creditor. |