In California, most property is held either as marital residential or commercial property, as a tenancy in collaboration, as joint occupants, or as tenants-in-common. While holding titles as spouses or in a collaboration is fairly straightforward, concerns frequently develop as to the differences in between “co-tenants” and “tenants-in-common.” This article will explore the difference between the second type of methods of holding titles in between unmarried people, which is generally referred to as “co-tenancy.” (Civ. Code § 682.)

How is a joint tenancy created in real estate?

Generally, producing and maintaining a joint occupancy is a lot more challenging than developing a tenancy in typical. First, a joint occupancy exists just when the “4 unities” are simultaneously present in the estate: the unity of interest, unity of time, unity of title, and unity of ownership. (Tenhet, 18 Cal.3 d 150, 155.) Second, by statute, a joint occupancy exists “when specifically declared in the will or transferred to be a joint occupancy.” (CCP § 683.) Additionally, if at any point, among the 4 unities is ruined, then the joint occupancy is severed, and an occupancy in common outcomes, thus extinguishing the right of survivorship. (Tenhet, 18 Cal.3 d 150,155.)

How is a tenancy-in-common created in realty?

The creation and upkeep of a tenancy in typical are far less rigid than that of a joint tenancy. There is no requirement of 4 unities