• Requires a valid marriage between two persons.
• Each spouse holds an undivided one-half interest in the estate.
• One spouse cannot partition the property by selling his or her interest.
• Requires signatures of both spouses to convey or encumber.
• Each spouse can devise (will) one-half of the community property.
• Upon death the estate of the decedent must be cleared through probate, affidavit or adjudication.
• Both halves of the community property are entitled to a stepped up tax basis as of the date of death.

• Requires a valid marriage between two persons.
• Each spouse holds an undivided one-half interest in the estate.
• One spouse cannot partition the property by selling his or her interest.
• Requires signatures of both spouses to convey or encumber.
• Estate passes to the surviving spouse outside of probate.
• No court action required to clear title upon the first death.
• Both halves of the community property are entitled to a stepped up tax basis as of the date of death.

Joint Tenancy with the Right of Survivorship

• Parties need not be married; may be more than two joint tenants.
• Each joint tenant holds an equal and undivided interest in the estate, unity of interest.
• One joint tenant can partition the property by selling his or her joint interest.
• Requires signatures of all joint tenants to convey or encumber the whole.
• Estate passes to surviving joint tenants outside of probate.
• No court action required to clear title upon the death of joint tenant(s).
• Deceased tenant(s) share is entitled to a stepped up tax basis as of the date of death.

Tenancy in Common

• Parties need not be married; may be more than two tenants in common.
• Each tenant in common holds an undivided fractional interest in the estate. Can be disproportionate, e.g., 20% and 80%; 60% and 40%; 20%, 20%, 20% and 40%; etc.
• Each tenant share can be conveyed, mortgaged or devised to a third party.
• Requires signatures of all tenants to convey or encumber the whole.
• Upon death the tenant's proportionate share passes to his or her heirs by will or intestacy.
• Upon death the estate of the decedent must be cleared through probate, affidavit or adjudication.
• Each share has its own tax basis.