COMMON FORMS OF OWNERSHIP

 

Tenancy in Common

Joint Tenancy

Community Property

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 partners (any number)

Division

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

Ownership interest must be equal

Ownership interests are equal

Ownership interests are 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

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

Conveyance

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

A conveyance by one of the joint tenants alone breaks the joint tenancy between his interest and the others but does not affect the constitution 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 (certain important exceptions)

Partners individual interests 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 the other

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

Death

On co-owner's death his 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 right of survivorship

On co-owners death, 1/2 belongs to survivor in severalty, 1/2 goes by will to descendant's devices or by succession to survivor

On partner's death his interest in specific partnership property vests in the surviving partners. The value realized out of its liquidation is accounted for to his estate

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

Devisees or heirs have no rights in specific partnership property

Disclaimer: Each form of co-ownership has legal and tax consequences that must be considered by each person prior to deciding the form of co-ownership to be taken. Consequently, Moy Escrow Inc. highly recommends that professional advice, in the form of an attorney and/or tax advisor, be consulted prior to making a decision regarding the form of co-ownership that will be taken.