Article 1Interests in Property
Section § 678
This section explains that property ownership can be absolute, where the owner has complete control, or qualified, where ownership is subject to certain conditions or limitations.
Section § 679
This section explains that when a person fully owns a property, they have total control over it. They can use it or sell it as they like, but they must still follow general laws that apply to everyone.
Section § 680
This law outlines that owning property can come with certain conditions. These conditions include sharing ownership with others, having a delayed or time-limited right to use it, or having restrictions on how you can use the property.
Section § 681
This law section explains that when a single person owns property, it's called sole or several ownership.
Section § 682
This law describes the different ways multiple people can own property together. They can own it as joint owners, partners, common owners, or as a shared interest between spouses.
Section § 682.1
This law explains that when spouses own community property and explicitly label it as "community property with right of survivorship" in a transfer document, it can automatically pass to the surviving spouse without going through probate, similar to joint tenancy property. The surviving spouse gets the property without legal administration after the other spouse passes away. The right of survivorship can be ended like in a joint tenancy before one spouse dies. Certain sections of the Probate Code apply to this type of property. The law does not apply to joint bank accounts, and it is only relevant for property agreements made from July 1, 2001, onward.
Section § 683
This law outlines what it means to have a 'joint interest' in property. Basically, it's when two or more people own something together in equal parts. This can happen if the property is given to them through a will or some sort of legal transfer that clearly says it's a 'joint tenancy.' A joint interest can be set up when property goes from one person to themselves and others, or among co-owners, whether they are tenants in common, joint tenants, or spouses. However, this rule about joint interests doesn't apply to shared savings accounts if certain sections of the Probate Code cover them.
Section § 683.1
This law states that anyone renting a safe-deposit box cannot claim joint ownership or any kind of shared ownership over the contents of the box through a contract or agreement made after this law took effect. If any agreement tries to do that, it won't be legally valid.
Section § 683.2
If you own property with someone else as joint tenants, you can split your share of ownership without their permission. You can do this by transferring your share to someone else or making a formal statement that you want to end the joint tenancy. But, you must record this action with the county before you die, or within a short time after, to make it effective. However, if this action goes against a previous agreement you have with the other owners, it might still hold up if a buyer in good faith comes into the picture without knowing about the agreement. There are still old rules in place for changes made before certain dates.
Section § 684
Section § 685
When multiple people own something together, but not as joint owners or partners, it's called an interest in common.
Section § 686
This law says that when a property interest is given to multiple people, it's automatically considered shared among them separately, rather than together, unless they got it for business purposes, it's explicitly stated as joint in the agreement, or it's acquired as community property (like between spouses).
Section § 687
This law clarifies that community property is defined according to the rules in the Family Code, starting from Section 760. Essentially, it's property considered to be jointly owned by a married couple.
Section § 688
This law section describes how property interests are categorized. They can be based on when you can use them—either right now (present) or later (future)—and how long they last—either forever (perpetual) or for a set time (limited).
Section § 689
Section § 690
If you own a future interest in a property, you have the right to take possession of it, but only at a later time, not immediately.
Section § 691
This law means that an ongoing or never-ending interest in a property lasts as long as the property itself exists.
Section § 692
This law means that a 'limited interest' refers to a right or claim on a property that lasts for a shorter time than owning the full property outright.
Section § 696
This law says that you can set up multiple future interests in a sequence. If the first interest doesn't take effect, then the next one in line will replace it and take effect instead.
Section § 697
Section § 698
If a future inheritance is meant for successors like heirs, issue, or children, children born after their parent's death are entitled to inherit just like they were alive when the parent passed away.
Section § 699
This law says that future interests in property, like those you expect to get later, are handled the same way as rights or property you currently own. They can be passed on to others through inheritance, stated in a will, or transferred to someone else just like your current property rights.
Section § 700
This law explains that just because someone might possibly inherit something in the future, it doesn't mean they have any legal interest or rights concerning it now.
Section § 701
This section says that when it comes to property, particularly real estate, the property rights are referred to as estates. These estates are specifically identified and categorized in another part of the legal code.
Section § 702
This law says that the way we name and classify different types of ownership or interests in land (real property) can only be used for personal property (things you own that aren't land or buildings) if this part of the law specifically says so.
Section § 703
This law says that any future claims on property ownership or rights are only valid if they are specifically mentioned in this part of the legal code.