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Ownership of real
estate is granted to a person or persons in several types.
The most common type of ownership seen is a grant in fee
simple, which grants ownership of real estate to a person
absolutely and unconditionally. Such a grant gives the person the right to the entire real
estate with power to possess it and to transfer it to other
persons.
If two or more
persons are granted ownership of real estate, there are several
ways they may own it together. One way is known as a �tenancy in common.�
This form of ownership gives the owners a unity of
possession with separate and distinct titles to the real estate
belonging to each owner. Each
owner has a right to separately convey and transfer his/her title
to the real estate. If
one of the owners dies, his or her title passes to his or her
heirs.
A second form of
ownership for real estate is known as a �joint tenancy.�
In this form of joint ownership of real estate, each owner
has one and the same interest in the real estate.
The owners hold the right of survivorship, which means that
if one of the owners dies, his/her interest automatically passes
to the other owners.
A third form of
joint ownership of real estate is known as a �tenancy by
entirety,� or �estate by entirety,� which has the attributes
of joint tenancy, plus the marital relationship of husband and
wife. In this form of
ownership, the interests of husband and wife in the real estate
are viewed as one. There
is a unity of ownership with a right of survivorship.
Another form of
ownership found in some states is known as �community
property.� In a
community property state, each spouse to a marriage has an
undivided one-half (1/2) interest in the real estate.
This relationship only applies to real estate owned by the
husband and wife. Please see specific state for details
and/or differences.
Black�s
Law Dictionary, Fifth Edition.
ALABAMA
| ALASKA | ARIZONA | ARKANSAS
| CALIFORNIA | COLORADO
| CONNECTICUT | DELAWARE
| FLORIDA
GEORGIA | HAWAII | IDAHO
| ILLINOIS | INDIANA | IOWA
| KANSAS | KENTUCKY | LOUISIANA
| MAINE | MARYLAND
MASSACHUSETTS | MICHIGAN
| MINNESOTA | MISSISSIPPI
| MISSOURI | MONTANA | NEBRASKA
| NEVADA
NEW HAMPSHIRE | NEW
JERSEY | NEW MEXICO | NEW
YORK | NORTH CAROLINA | NORTH
DAKOTA | OHIO
OKLAHOMA | OREGON | PENNSYLVANIA
| RHODE ISLAND | SOUTH
CAROLINA | SOUTH DAKOTA | TENNESSEE
TEXAS | UTAH | VERMONT
| VIRGINIA | WASHINGTON
| WEST VIRGINIA | WISCONSIN
| WYOMING
ALABAMA
Alabama
recognizes the following types of ownership: tenancy in common
and joint tenancy with right of survivorship, but not tenancy by
entirety and community property.
A grant of ownership of real estate to two or more
persons is presumed to create a tenancy in common, unless the
conveyance expressly states that a joint tenancy with right of
survivorship is being created.
Alabama Code �35-4-7.
ALASKA
Alaska
recognizes the following types of ownership: tenancy in common
and tenancy by entirety, but not community property and joint
tenancy. A grant of
ownership of real estate to two or more persons is presumed to
create a tenancy in common, unless a husband and wife create a
tenancy by entirety between them. Alaska
Code �34.15.120
through .140.
ARIZONA
Arizona
recognizes the following types of ownership: tenancy in common,
joint tenancy and community property, but not tenancy by
entirety. A grant
of ownership of real estate to two or more persons is presumed
to create a tenancy in common, unless the deed contains an
express statement that a joint tenancy is being created and
accepted by the grantees. A
conveyance to husband and wife during the marriage is presumed
to be community property, unless expressly stated in the
conveyance that a joint tenancy is being created and accepted by
the grantees. Arizona
Code �33-431.
ARKANSAS
Arkansas
recognizes the following types of ownership: tenancy in common,
joint tenancy, and tenancy by entirety, but not community
property. A grant of ownership of real estate to two or more persons is
presumed to create a tenancy in common, unless the conveyance
expressly states otherwise.
However, a conveyance to husband and wife creates a
tenancy by entirety. Arkansas Code �18-12-401,
603.
CALIFORNIA
California
recognizes the following types of ownership: tenancy in common,
joint tenancy, community property, but not tenancy by entirety. A grant of ownership of real estate to two or more persons is
presumed to create a tenancy in common, unless the instrument
specifically states that a joint tenancy is being created.
In the case of husband and wife, the rules of community
property apply. California
CC �761,
682-85.
COLORADO
Colorado
recognizes the following types of ownership: tenancy in common
and joint tenancy, but not tenancy by entirety and community
property. A grant
of ownership of real estate to two or more persons is presumed
to create a tenancy in common, unless the instrument
specifically states that a joint tenancy is being created.
Colorado
Code �38-31-101,
107.
CONNECTICUT
Connecticut
recognizes the following types of ownership: tenancy in common
an joint tenancy, but not tenancy by entirety and community
property. A grant
of ownership of real estate to two or more persons is presumed
to create a tenancy in common, unless the conveyance
specifically states that a joint tenancy is being created.
Connecticut Code �47-36a.
DELAWARE
Delaware
recognizes the following types of joint ownership: tenancy in
common and joint tenancy, but not tenancy by entirety and
community property. A
grant of ownership of real estate to two or more persons is
presumed to create a tenancy in common, unless a joint tenancy
is specifically created. Delaware
Code �25-311,
701. FLORIDA
Florida
recognizes the following types of ownership: tenancy in common,
joint tenancy and tenancy by entirety, but not community
property. A grant of ownership of real estate to two or more persons is
presumed to create a tenancy in common, unless otherwise stated.
A right of survivorship must be specifically stated.
Florida Code �689.14-.15. GEORGIA
Georgia
recognizes the following types of ownership: tenancy in common
and joint tenancy, but not tenancy by entirety and community
property. A grant
of ownership of real estate to two or more persons is presumed
to create a tenancy in common, unless a joint tenancy is
specifically created. Georgia
Code �44-6-190. HAWAII
Hawaii
recognizes the following types of ownership: tenancy in common,
joint tenancy, and tenancy by entirety.
Hawaii does not recognize the community property type of
ownership, except for land acquired from 6/45 through 6/49.
A grant of ownership of real estate to two or more
persons is presumed to create a tenancy in common, unless
otherwise expressly stated in the conveyance.
Hawaii Chapter 510. IDAHO
Idaho
recognizes the following types of ownership:
tenancy in common, joint tenancy and community property,
but not tenancy by entirety.
A grant of ownership of real estate to two or more
persons is presumed to create a tenancy in common, unless a
joint tenancy is specifically created. If the grantees are husband and wife, the real estate is
considered to be community property.
Idaho Code �55-104,
508. ILLINOIS
Illinois
recognizes the following types of ownership: tenancy in common,
joint tenancy and tenancy by entirety, but not community
property. A grant of ownership of real estate to two or more persons is
presumed to create a tenancy in common, unless a joint tenancy
is specifically created. In
the case of husband and wife, a tenancy by entirety is created.
Illinois Code �765-1005/1,
1c. INDIANA
Indiana
recognizes the following types of ownership: tenancy in common,
joint tenancy and tenancy by entirety, but not community
property. A grant of ownership of real estate to two or more persons is
presumed to create a tenancy in common, unless a joint tenancy
is specifically created. In the case of a deed for husband and
wife, a tenancy by entirety is created.
Indiana Code �32-1-2-7,
8. IOWA
Iowa
recognizes the following types of ownership: tenancy in common
and joint tenancy, but not tenancy by entirety or community
property. A grant
of ownership of real estate to two or more persons is presumed
to create a tenancy in common, unless a joint tenancy is
specifically created. Iowa
Code �557.15. KANSAS
Kansas
recognizes the following types of ownership: tenancy in common,
joint tenancy and tenancy by entirety, but not community
property. A grant of ownership of real estate to two or more persons is
presumed to create a tenancy in common, unless otherwise stated.
Kansas Code �58-501. KENTUCKY
Kentucky
recognizes the following types of ownership: tenancy in common,
tenancy by entirety and joint tenancy without a right of
survivorship, but not community property.
A grant of ownership of real estate to two or more
persons is presumed to create a tenancy in common, unless
otherwise stated in the instrument.
Kentucky Code �381.050,
120. LOUISIANA
Louisiana
does not recognize common law estates.
Joint ownership is referred to as ownership in indivision.
All co-owners re presumed to be equal.
Co-owners may convey or alienate their individual shares,
but consent of all owners is necessary to affect the whole real
estate held in indivision.
Louisiana CC �797-806. MAINE
Maine
recognizes the following types of ownership: tenancy in common
and joint tenancy, but not tenancy by entirety or community
property. A grant
of ownership of real estate to two or more persons is presumed
to create a tenancy in common, unless a joint tenancy is
specifically created. Maine
T.33, �159. MARYLAND
Maryland
recognizes the following types of ownership:
tenancy in common, joint tenancy and tenancy by entirety,
but not community. A
grant of ownership of real estate to two or more persons is
presumed to create a tenancy in common, unless expressly stated
otherwise. In the
case of husband and wife, Maryland law presumes a tenancy by
entirety is created. Maryland
Real Prop. Art. �2-117. MASSACHUSETTS
Massachusetts
recognizes the following types of ownership: tenancy in common,
joint tenancy and tenancy by entirety, but not community
property. A grant of ownership of real estate to two or more persons is
presumed to create a tenancy in common, unless the deed
expressly states otherwise.
Massachusetts C. 184, �7. MICHIGAN
Michigan
recognizes the following types of ownership: tenancy in common,
joint tenancy and tenancy by entirety, but not community
property. A grant of ownership of real estate to two or more persons is
presumed to create a tenancy in common, unless otherwise stated
in the conveyance. In
the case of a conveyance to husband and wife, it is presumed a
tenancy by entirety is created.
Michigan CLA �554.43-.45. MINNESOTA
Minnesota
recognizes the following types of ownership: tenancy in common
and joint tenancy, but not tenancy by entirety or community
property. A grant
of ownership of real estate to two or more persons is presumed
to create a tenancy in common, unless a joint tenancy is
expressly created in the conveyance. Minnesota Code �500.01,
.19. MISSISSIPPI
Mississippi
recognizes the following types of ownership: tenancy in common,
joint tenancy and tenancy by entirety, but not community
property. A grant of ownership of real estate to two or more persons is
presumed to create a tenancy in common, unless otherwise stated
in the conveyance. Mississippi
Code �89-1-5. MISSOURI
Missouri
recognizes the following types of ownership:
tenancy in common, joint tenancy and tenancy by entirety,
but not community property.
A grant of ownership of real estate to two or more
persons is presumed to create a tenancy in common, unless
otherwise stated in the conveyance. Missouri Code �442.025,
.450. MONTANA
Montana
recognizes the following types of ownership: tenancy in common,
joint tenancy and partnership, but not tenancy by entirety or
community property. A
grant of ownership of real estate to two or more persons is
presumed to create a tenancy in common, unless otherwise stated
in the conveyance. Montana
Code �70-1-306,
314; 70-15-202. NEBRASKA
Nebraska
recognizes the following types of ownership:
tenancy in common and joint tenancy, but not tenancy by
entirety and community property. A grant of ownership of real
estate to two or more persons is presumed to create a tenancy in
common, unless a joint tenancy is expressly created in the deed. NEVADA
Nevada
recognizes the following types of ownership: tenancy in common,
joint tenancy and community property, but not tenancy by
entirety. A grant of ownership of real estate to two or more persons is
presumed to create a tenancy in common, unless otherwise stated
in the conveyance. The
community property law applies to husband and wife.
Nevada Code �111.060-.065;
123.030. NEW HAMPSHIRE
New
Hampshire recognizes the following types of ownership: tenancy
in common and joint tenancy, but not community property.
A grant of ownership of real estate to two or more
persons is presumed to create a tenancy in common,
unless otherwise stated in the conveyance.
A conveyance to husband and wife as to tenancy by
entirety creates a joint tenancy.
New Hampshire C. 477, �18-19. NEW JERSEY
New
Jersey recognizes the following types of ownership: tenancy in
common, joint tenancy and tenancy by entirety, but not community
property. A grant
of ownership of real estate to two or more persons is presumed
to create a tenancy in common, unless otherwise stated in the
conveyance. In the
case of husband and wife, a tenancy by entirety is created
unless stated otherwise. New
Jersey Code �46-3-17,
17.2, 17.3; 3B-11-3. NEW MEXICO
New
Mexico recognizes the following types of ownership: tenancy in
common, joint tenancy and community property.
A grant of ownership of real estate to two or more
persons is presumed to create a tenancy in common, unless a
joint tenancy is expressly created in the conveyance.
In the case of husband and wife, community property is
presumed. New
Mexico Code �47-1-36. NEW YORK
New
York recognizes the following types of joint ownership: tenancy
in common, joint tenancy and tenancy by entirety, but not
community property. A
grant of ownership of real estate to two or more persons is
presumed to create a tenancy in common, unless expressly stated
otherwise in the conveyance.
In the case of married persons, a tenancy by entirety is
presumed to have been created.
New York E.P.T.L. �6-1.1,
6-2.2. NORTH CAROLINA
North
Carolina recognizes the following types of ownership: tenancy in
common, joint tenancy and tenancy by entirety, but not community
property. A grant
of ownership of real estate to two or more persons is presumed
to create a tenancy in common, unless otherwise expressly stated
in the conveyance. North
Carolina Code �41-2. NORTH DAKOTA
North
Dakota recognizes the following types of ownership: tenancy in
common and joint tenancy, but not tenancy by entirety or
community property. A
grant of ownership of real estate to two or more persons is
presumed to create a tenancy in common, unless a joint tenancy
is expressly created in the conveyance. North Dakota Code �47-02-05. OHIO
Ohio
recognizes the following types of ownership: tenancy in common,
joint tenancy and tenancy by entirety created prior to April 4,
1985, but not community property and tenancy by entirety after
April 4, 1985. A grant of ownership of real estate to two or more persons is
presumed to create a tenancy in common, unless otherwise
expressly stated in the conveyance.
Ohio Code �5302.17-.21. OKLAHOMA
Oklahoma
recognizes the following types of ownership: tenancy in common,
joint tenancy and tenancy by entirety, but not community
property. A grant of ownership of real estate to two or more persons is
presumed to create a tenancy in common, unless the conveyance
specifically and expressly creates a joint tenancy or tenancy by
entirety. Oklahoma
Code �58-911-12;
60-74. OREGON
Oregon
recognizes the following types of ownership: tenancy in common
and tenancy by entirety, but not joint tenancy and community
property. A grant
of ownership of real estate to two or more persons is presumed
to create a tenancy in common, except in the case of husband and
wife in which case a tenancy by entirety is created.
A right of survivorship may be created if specifically
expressed in the conveyance.
Oregon Code �93.120,
.180. PENNSYLVANIA
Pennsylvania
recognizes the following types of joint ownership: tenancy in
common, joint tenancy and tenancy by entirety, but not community
property. A grant
of ownership of real estate to two or more persons is presumed
to create a tenancy in common, unless a joint tenancy with right
of survivorship is specifically created.
In the case of husband and wife, a tenancy by entirety is
created. Pennsylvania
Code �68-110. RHODE ISLAND
Rhode
Island recognizes the following types of ownership: tenancy in
common, joint tenancy and tenancy by entirety, but not community
property. A grant
of ownership of real estate to two or more persons is presumed
to create a tenancy in common, unless otherwise expressly
created in the conveyance. Rhode Island Code �34-3-1, 2. SOUTH CAROLINA
South
Carolina recognizes the following types of ownership: tenancy in
common and joint tenancy, but not tenancy by entirety and
community property. A
grant of ownership of real estate to two or more persons is
presumed to create a tenancy in common, unless a right of
survivorship is expressly created in the conveyance. South Carolina Common Law. SOUTH DAKOTA
South Dakota
recognizes the following types of ownership: tenancy in common
and joint tenancy, but not tenancy by entirety or community
property. A
grant of ownership of real estate to two or more persons is
presumed to create a tenancy in common, unless a joint tenancy
with right of survivorship is expressly created. South
Dakota Code �43-2-11 through 14.
TENNESSEE
Tennessee
recognizes the following types of ownership: tenancy in common,
joint tenancy and tenancy by entirety, but not community
property. A grant of ownership of real estate to two or more
persons is presumed to create a tenancy in common, unless
expressly stated otherwise including a statement of a right of
survivorship. Tennessee Code �66-1-102 onward. TEXAS
Texas
recognizes the following types of joint ownership: tenancy in common, joint tenancy and community property, but
not tenancy by entirety. A
grant of ownership of real estate to two or more persons is
presumed to create a tenancy in common, unless a right of
survivorship is expressly stated in the conveyance.
In the case of a husband and wife, community property law
applies. Texas
Prob. Code �46,
451; Fam. Code. �5.01
onward. UTAH
Utah
recognizes the following types of ownership: tenancy in common
and joint tenancy, but not tenancy by entirety and community
property. A grant
of ownership of real estate to two or more persons is presumed
to create a tenancy in common, unless a joint tenancy is
expressly created in the deed or conveyance.
Utah Code �57-1-2
onward. VERMONT
Vermont
recognizes the following types of joint ownership: tenancy in common, joint tenancy and tenancy by entirety, but
not community property. A
grant of ownership of real estate to two or more persons is
presumed to create a tenancy in common, unless otherwise
expressly stated in the conveyance.
In the case of husband and wife, a tenancy by entirety is
created. Vermont
Code �27-2. VIRGINIA
Virginia
recognizes the following types of ownership:
tenancy in common, joint tenancy and tenancy by entirety,
but not community property.
A grant of ownership of real estate to two or more
persons is presumed to create a tenancy in common, unless a
right of survivorship is expressly stated by the conveyance.
Virginia
Code �55-20,
21. WASHINGTON
Washington
recognizes the following types of joint ownership:
tenancy in common, joint tenancy and community property,
but not tenancy by entirety.
A grant of ownership of real estate to two or more
persons is presumed to create a tenancy in common, unless a
joint tenancy with right of survivorship is expressly created in
the conveyance. In
the case of husband and wife, the real estate is community
property. Washington
Code �26.16;
11.04.071; 64.28.010-.040. WEST VIRGINIA
West Virginia
recognizes the following types of joint ownership: tenancy in
common and right of survivorship, but not community property. A
grant of ownership of real estate to two or more persons is
presumed to create a tenancy in common, unless a right of
survivorship is clearly stated in the conveyance. West
Virginia Code �36-1-10
onward. WISCONSIN
Wisconsin
recognizes the following types of ownership:
tenancy in common, joint tenancy and community property,
but not tenancy by entirety.
A grant of ownership of real estate to two or more
persons is presumed to create a tenancy in common, unless a
joint tenancy with the right of survivorship is specifically
created in the conveyance.
In the case of husband and wife, community property law
applies to the real estate.
Wisconsin Code �700.02
onward; 766.605. WYOMING
Wyoming
recognizes the following types of ownership:
tenancy in common, joint tenancy and tenancy by entirety,
but not community property. Wyoming
Code �34-1-140.
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