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Countable Property
All property owned or co-owned by the individual or their responsible relative is countable towards the MFBU (whether or not that person is eligible to receive MC) unless otherwise stated in this chapter.
Property Co-Ownership
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TENANCY IN COMMON |
JOINT TENANCY |
COMMUNITY PROPERTY |
TENANCY BY ENTIRETY |
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Parties |
Any number of individuals (can be husband & wife) |
Any number of individuals (can be husband & wife) |
Only husband & wife |
Only husband & wife |
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Division |
Ownership can be divided into any number of interests, equal or unequal |
Ownership interests must be equal |
Ownership interests are equal. Managerial responsibility is the husband’s (certain exceptions) |
Whole title rests in both parties |
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Title |
Equal 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”. Each interest is separate but management is unified |
Whole title rests in both parties |
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Possession |
Equal right of possession |
Equal right of possession |
Wife’s rights subject to husband’s managerial prerogatives |
Equal right of possession |
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Conveyance (Sale) |
Each co-owner’s interest may be conveyed separately by its owner |
Conveyancy by one co-owner without the others breaks the joint tenancy except where it is community property held in joint tenancy merely for purposes of convenience |
Both co-owners must join in conveyance of real property. Separate interest cannot be conveyed. |
One party cannot terminate the tenancy without the consent of the other party |
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Purchaser’s Status |
Purchaser will become a tenant in common with the other co-owners in the property |
Purchaser will become a tenant in common with the other co-owners in the property |
Purchaser can only acquire whole title of community, cannot acquire a part of it |
Purchaser can only acquire whole title |
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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 disposed of by will. Survivor owns the property by rights of survivorship |
On co-owner’s death, 1/2 belongs to survivor in severality, 1/2 goes by will to decedent’s devisees or by succession to survivor |
On co-owner’s death, the survivor has the whole title |
| Creditor’s Rights | Co-owner’s interest may be sold on execution sale to satisfy his creditor. Creditor becomes a tenant in common | Co-owner’s interest may be sold on execution sale to satisfy creditor. Joint tenancy is broken, creditor becomes tenant in common | Co-owner’s interest cannot be seized and sold separately. The whole property may be sold on execution sale to satisfy creditor | Co-owner’s interest cannot be seized and sold on execution sale to satisfy creditor |
| Presumption | Favored in doubtful cases except husband and wife cases | Must be expressly stated in writing. Not favored | Strong presumption that property acquired by husband and wife is community | Strong presumption that it is tenancy by entirety if husband and wife hold in both names |
Property Worksheet (MC 176P)
Completion of the MC 176P is not required since CalSAWS calculates the countable property and determines whether the client/family is property eligible or ineligible.
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