Page 18 - Homeowners Manual - Alameda County

2� Community Property with Right of Survivorship: A form of vesting title to property owned together by
spouses or by domestic partners� This form of holding title shares many of the characteristics of community
property but adds the benefit of the right of survivorship similar to title held in joint tenancy� There may be
tax benefits for holding title in this manner� On the death of an owner, the decedent’s interest ends and the
survivor owns all interests in the property� For example: Bruce Buyer and Barbara Buyer, husband and wife,
as community property with right of survivorship, or John Buyer and Bill Buyer, husband and husband, as
community property with right of survivorship. Another example for same sex couples: Sally Smith and Jane
Smith, registered domestic partners, as community property with right of survivorship.

3� Joint Tenancy: A form of vesting title to property owned by two or more persons, who may or may not be
married or domestic partners, in equal interests, subject to the right of survivorship in the surviving joint
tenant(s)� Title must have been acquired at the same time, by the same conveyance, and the document
must expressly declare the intention to create a joint tenancy estate� When a joint tenant dies, title to the
property is automatically conveyed by operation of law to the surviving joint tenant(s)� Therefore, joint
tenancy property is not subject to disposition by will� For example: Bruce Buyer, a married man and George
Buyer, a single man, as joint tenants.
Note: If a married person enters into a joint tenancy that does not include their spouse, the title company
insuring title may require the spouse of the married man or woman acquiring title to specifically consent to the
joint tenancy. The same rules will apply for same sex married couples and domestic partners.

4� Tenancy in Common: A form of vesting title to property owned by any two or more individuals in undivided
fractional interests� These fractional interests may be unequal in quantity or duration and may arise at dif-
ferent times� Each tenant in common owns a share of the property, is entitled to a comparable portion of the
income from the property and must bear an equivalent share of expenses� Each co-tenant may sell, lease or
will to his/her heir that share of the property belonging to him/her� For example: Bruce Buyer, a single man,
as to an undivided 3/4 interest and Penny Purchaser, a single woman, as to an undivided 1/4 interest.

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