ARTICLE 1. Interests in Property
Article 1 enacted 1872.
§§ 678–703 · 26 sections
- § 678 The ownership of property is either: 1. Absolute; or, 2. Qualified.
- § 679 The ownership of property is absolute when a single person has the absolute dominion over it, and may use it or dispose of it according to his pleasure,…
- § 680 The ownership of property is qualified: 1. When it is shared with one or more persons; 2. When the time of enjoyment is deferred or limited; 3. When the use is…
- § 681 The ownership of property by a single person is designated as a sole or several ownership.
- § 682 The ownership of property by several persons is either: (a) Of joint interest. (b) Of partnership interests. (c) Of interests in common. (d) Of community…
- § 682.1 (a) (1) Community property of spouses, when expressly declared in the transfer document to be community property with right of survivorship, and which may be…
- § 683 (a) A joint interest is one owned by two or more persons in equal shares, by a title created by a single will or transfer, when expressly declared in the will…
- § 683.1 No contract or other arrangement made after the effective date of this section between any person, firm, or corporation engaged in the business of renting…
- § 683.2 (a) Subject to the limitations and requirements of this section, in addition to any other means by which a joint tenancy may be severed, a joint tenant may…
- § 684 A partnership interest is one owned by several persons, in partnership, for partnership purposes.
- § 685 An interest in common is one owned by several persons, not in joint ownership or partnership.
- § 686 Every interest created in favor of several persons in their own right is an interest in common, unless acquired by them in partnership, for partnership…
- § 687 Community property is property that is community property under Part 2 (commencing with Section 760) of Division 4 of the Family Code.
- § 688 In respect to the time of enjoyment, an interest in property is either: 1. Present or future; and, 2. Perpetual or limited.
- § 689 A present interest entitles the owner to the immediate possession of the property.
- § 690 A future interest entitles the owner to the possession of the property only at a future period.
- § 691 A perpetual interest has a duration equal to that of the property.
- § 692 A limited interest has a duration less than that of the property.
- § 696 Two or more future interests may be created to take effect in the alternative, so that if the first in order fails to vest, the next in succession shall be…
- § 697 A future interest is not void merely because of the improbability of the contingency on which it is limited to take effect.
- § 698 When a future interest is limited to successors, heirs, issue, or children, posthumous children are entitled to take in the same manner as if living at the…
- § 699 Future interests pass by succession, will, and transfer, in the same manner as present interests.
- § 700 A mere possibility, such as the expectancy of an heir apparent, is not to be deemed an interest of any kind.
- § 701 In respect to real or immovable property, the interests mentioned in this Chapter are denominated estates, and are specially named and classified in Part II of…
- § 702 The names and classification of interests in real property have only such application to interests in personal property as is in this Division of the Code…
- § 703 No future interest in property is recognized by the law, except such as is defined in this Division of the Code.