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<br>In California, the majority of property is held either as marital residential or commercial property, as an occupancy in partnership, as joint occupants, or as tenants-in-common. While holding titles as spouses or in a collaboration is fairly uncomplicated, concerns regularly develop regarding the distinctions between "co-tenants" and "tenants-in-common." This short article will check out the difference in between the 2nd type of ways of holding titles between single people, which is generally called "co-tenancy." (Civ. Code § 682.)<br> |
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<br>Generally, producing and preserving a joint occupancy is a lot more difficult than producing a tenancy in typical. First, a joint occupancy exists only when the "4 unities" are concurrently present in the estate: the unity of interest, unity of time, unity of title, and unity of possession. (Tenhet, 18 Cal.3 d 150, 155.) Second, by statute, a joint occupancy exists "when expressly declared in the will or moved to be a joint tenancy." (CCP § 683.) Additionally, if at any point, among the four unities is destroyed, then the joint tenancy is severed, and an occupancy in typical results, therefore snuffing out the right of survivorship. (Tenhet, 18 Cal.3 d 150,155.)<br> |
