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California Concurrent

Co-Ownership Interests

COMMUNITY PROPERTY JOINT TENANCY TENANCY IN COMMON COMMUNITY PROPERTY RIGHT OF SURVIVORSHIP PARTNERSHIPS TRUSTS

PARTIES Married persons or Two or more persons Two or more persons or Married persons or
domestic partners entities domestic partners

DIVISION Ownership interests are Undivided equal shares in Equal or unequal shares Ownership interests are
equal the entire property in the entire property equal
Title is in the Each co-owner has title Title is in the
TITLE “community” - each Title is to the entire to his or her undivided “community”-each
interest is equal property interest interest is equal
Equal right of possession
unless there is an
POSSESSION Equal right of possession Equal right of possession Equal right of possession
agreement to the
contrary
Co-owner’s interest may
Consent of the other be conveyed without Each co-owner’s interest
spouse or domestic Consent of other spouse
CONVEYANCE partner required except consent but conveyance may be conveyed or domestic partner
for the co-owner interest by one co-owner without separately without required
the others terminates the consent
transferred upon death Subject to the term of the partnership agreement Subject to the terms of the trust
joint tenancy
Purchaser acquires
PURCHASER’S Purchaser acquires title grantor(s) interest; if less Purchaser acquires Purchaser acquires title
STATUS of community than all, joint tenancy is grantor(s) interest of community
terminated
Upon co-owner’s death, Upon co-owner’s death
TRANSFER 1/2 belongs to survivor Upon co-owner’s death his or her interest passes Upon co-owner’s death
UPON DEATH and 1/2 transferred by will the entire tenancy by will or intestate the entire tenancy
or intestate succession belongs to the survivor succession belongs to the survivor
Heirs or devisees are
SUCCESSOR’S tenants in common Last survivor owns Heirs or devisees are Surviving spouse or
STATUS with surviving spouse or property tenants in common with domestic partner owns
domestic partner other co-owners property
Co-owner’s interest may
Co-owner’s interest may be sold at execution Co-owner’s interest may Co-owner’s interest may
CREDITOR’S be sold at execution sale to satisfy creditor. be sold at execution be sold at execution
RIGHTS sale to satisfy creditor. Joint tenancy is broken. sale to satisfy creditor. sale to satisfy creditor.
Purchaser becomes
Purchaser becomes
Purchaser becomes
tenant in common. Purchaser becomes tenant in common tenant in common.
tenant in common.

07/2021 | © 2021 Old Republic Title | OR1688-DI-CA |
Old Republic Title is providing this information as a free client service
and makes no warranties or representations as to its accuracy.
Old Republic Title strongly recommends consumers confer
with their title insurer as underwriting requirements vary among
companies and further, obtain guidance and advice from qualified
professionals, including attorneys specializing in Real Property, Trusts
and/or Title Insurance to get more detailed, and current, information
as to any particular situation affecting them.