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 and managerial interests are equal. Ownership interest is in relation to interest in partnership.
Title Each co-owner has a separate and legal title to his undivided interest. There is only one title to the whole property. Title is the "community." Each interest is separate but management is unified. Title is the "partnership."
Possession Equal right of possession. Equal right of possession and control. Both co-owners have equal management and control. Equal right of possession but only for partnership purposes.
Conveyance Each co-owner's interest may be conveyed separately by its owner. Conveyance by one co-owner without the other breaks his joint tenancy. Personal property (except "necessaries") may be conveyed as valuable consideration without consent of other spouse, real property requires written consent of other spouse, and separate interest cannot be conveyed except upon death. Any authorized partner may convey whole partnership property. No partner may sell his interest in the partnership without the consent of his co-partners.
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 acquire a part of it. Purchaser can only acquire whole title.
Death On co-owner's death his interest passes by will to his devisees or his heirs. No survivorship rights. On co-owner's death interest ends and cannot be disposed of by will. Survivor owns property by survivorship. On co-owner's death 1/2 belongs to survivor in severalty, 1/2 goes by will to decedent's devisee's or by succession to survivor. 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 Devisees or heirs become tenants in common. Last survivor owns property in severalty. If passing be will, tenancy in common between devisee and survivor results. Heirs or devisees have rights in partnership interest but not in specific property.
Creditor's Rights Co-owner's interest may be sold on execution sale to satisfy his creditor. Creditor becomes a tenant in common. Co-owners interest may be sold on execution sale to satisfy his creditor. Joint tenancy is broken, creditor becomes a tenant in common. Property of community is liable for contracts of either spouse which are made after January 1, 1975. Co-owner's interest cannot be sold separately, whole property may be sold on execution to satisfy creditor. Partners interest cannot be seized or sold separately by his personal creditor but his share of profits may be obtained by personal creditor. Whole property may be sold on execution sale to satisfy partnership creditor.
Presumption Favored in doubtful cases except husband and wife case. Must be expressly stated. Not favored. Strong presumption that property acquired by husband and wife is community. Arises only by virtue of partnership status in property placed in partnership.

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