| Vesting Subject | Tenancy in Comnon | Joint Tenancy | Community Property | Community Property With Right of Survivorship |
| 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 and only when interest is created on or after 7/1/01. |
| Division | Ownership can be divided into any number of interest, equal or unequal. | Ownership interests 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 in the “Community.” (Similar to title being in a partnership). | Title 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 interests cannot be conveyed. | Both co-owners must join in conveyance of real property. Separate interests 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 whole title of community. Cannot acquire a part of it. | Purchaser can only acquire whole title of community. Cannot acquire a part 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 1/2 goes to survivor in severalty. Up to 1/2 goes by will or succession to others. (Consult attorney with specific questions.) | On co-owner’s death, decedent’s interest ends and cannot be willed. Survivor owns the property by survivorship. |
| 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 a tenant in common. | Co-owner’s interest cannot be seized and sold separately. 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 separately. 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. | Strong presumption that property acquired by husband and wife is community. |
