Ownership Interst
| COMMUNITY PROPERTY |
JOINT TENANCY |
COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP |
TENANCY IN COMMON | TENANCY IN PARTNERSHIP | |
| PARTIES | Only husband and wife | Any number of persons (can be husband and wife) | Only husband and wife | Any number of persons (can be husband and wife) | Only Partners (any number) |
| DIVISION | Ownership and managerial interest are equal except control of business Is solely with managing spouse | Ownership interest must be equal | Ownership Interest Is equal | Ownership can be divided Into any number of interest equal or unequal | Ownership can be divided Into any number of interest equal or unequal |
| 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 “partnershlp” |
| 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; real property requires written consent of other spouse, 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, 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 coowners In the property | Purchaser will become a tenant in common with the other coowner 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 right | 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 which are made after marriage and prior to or after marriage and prior to 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 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 | 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 is community | Must be expressly stated. Not favored | 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 | Favored in doubtful cases except husband and wife case | Arise only be virtue of partnership statue in property placed in partnership I |
