Title Vesting Schedule

This is provided for informational purposes only. Specific questions for actual real property transactions should be directed to your attorney or accountant.
 

  Tenants in Common  Joint Tenants  Community Property  
Parties  Any number of persons, can be husband and wife  Any number of persons, can be husband and wife  Can only be husband and wife 
Division 

Ownership can be divided into any number of interests  

Ownership interest cannot be divided 

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 is in the community similar to title being in a partnership 
Possession  Equal rights of possession  Equal rights of possession  Equal rights of possession 
Conveyance  Each co-owner’s interests may be conveyed separately by its owner  Conveyance by the one co-owner without the other breaks the joint tenancy  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  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 right of survivorship  On co-owner’s death, his interest ends and cannot be willed to his heirs Survivor owns the property by right of 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.) 
Successor's
Status 
Devisees of heirs become tenants in common  Last survivor owns property in severalty  If passing by will, tenancy in common between devisees and survivor results 
Creditors  Co-owner’s interest may be sold on execution sale to satisfy his creditors. Creditor becomes a tenant in common  Co-owner’s interest may be sold on execution sale to satisfy his creditors. 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) 
Presumption  Favored in doubtful cases except husband and wife (see community property)  Must be expressly stated and properly formed  Strong presumption that property acquired by husband or wife in community 
Tenants in CommonTenants in Common

Taking Title to Property Purchased at Public Auction

The following samples are provided as a guide to assist you in determining how you want your property deeded. It is important to decide how you want the title to be recorded before you register for the public auction as records will not be changed once submitted.
 

John Doe and Jane Doe, as: 

Husband and Wife as Joint Tenants
Husband and Wife as Tenants in Common
Husband and Wife as Community Property 

John Doe, as: 

a Married Man, as Sole and Separate Property
a Single Man
an Unmarried Man
a Widower
an Accommodator 

Jane Doe, as: 

a Married Woman, as Sole and Separate Property
a Single Woman
an Unmarried Woman
a Widow an Accommodator 

John Doe and Jane Smith, as: 

a Single Man and a Single Woman as Joint Tenants
a Single Man and a Single Woman as Tenants in Common 

John Doe and Tom Smith, as: 

a Single Man and a Single Man as Joint Tenants
a Single Man and a Single Man as Tenants in Common 

John Doe, a Married Man, as to an Undivided
1/2 Interest and Jane Smith, a Single Woman,
as to an Undivided 1/2 Interest, as:
 
Tenants in Common 
John Doe, as Trustee of the: 

Jane Doe Living Trust
Jane Doe 2005 Revocable Trust
Jane Doe Irrevocable Trust
Doe Family Trust dated 2005
John Doe and Jane Doe Trust Agreement dated 2005 

Doe and Doe, as: 

a Partnership
a Family Partnership
a General Partnership
a California Partnership
a Corporation
a California Corporation
a California Non-Profit Corporation
a California Closed Corporation