Section § 678

Explanation

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.

The ownership of property is either:
1. Absolute; or,
2. Qualified.

Section § 679

Explanation

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.

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, subject only to general laws.

Section § 680

Explanation

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.

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 restricted.

Section § 681

Explanation

This law section explains that when a single person owns property, it's called sole or several ownership.

The ownership of property by a single person is designated as a sole or several ownership.

Section § 682

Explanation

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.

The ownership of property by several persons is either:
(a)CA Civil Law Code § 682(a) Of joint interest.
(b)CA Civil Law Code § 682(b) Of partnership interests.
(c)CA Civil Law Code § 682(c) Of interests in common.
(d)CA Civil Law Code § 682(d) Of community interest of spouses.

Section § 682.1

Explanation

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.

(a)Copy CA Civil Law Code § 682.1(a)
(1)Copy CA Civil Law Code § 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 accepted in writing on the face of the document by a statement signed or initialed by the grantees, shall, upon the death of one of the spouses, pass to the survivor, without administration, pursuant to the terms of the instrument, subject to the same procedures, as property held in joint tenancy. Prior to the death of either spouse, the right of survivorship may be terminated pursuant to the same procedures by which a joint tenancy may be severed.
(2)CA Civil Law Code § 682.1(a)(2) Part 1 (commencing with Section 5000) of Division 5 of the Probate Code and Chapter 2 (commencing with Section 13540), Chapter 3 (commencing with Section 13550), and Chapter 3.5 (commencing with Section 13560) of Part 2 of Division 8 of the Probate Code apply to this property.
(3)CA Civil Law Code § 682.1(a)(3) For the purposes of Chapter 3 (commencing with Section 13550) of Part 2 of Division 8 of the Probate Code, this property shall be treated as if it had passed without administration under Part 2 (commencing with Section 13500) of Division 8 of the Probate Code.
(b)CA Civil Law Code § 682.1(b) This section does not apply to a joint account in a financial institution to which Part 2 (commencing with Section 5100) of Division 5 of the Probate Code applies.
(c)CA Civil Law Code § 682.1(c) This section shall become operative on July 1, 2001, and shall apply to instruments created on or after that date.

Section § 683

Explanation

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.

(a)CA Civil Law Code § 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 or transfer to be a joint tenancy, or by transfer from a sole owner to himself or herself and others, or from tenants in common or joint tenants to themselves or some of them, or to themselves or any of them and others, or from spouses, when holding title as community property or otherwise to themselves or to themselves and others or to one of them and to another or others, when expressly declared in the transfer to be a joint tenancy, or when granted or devised to executors or trustees as joint tenants. A joint tenancy in personal property may be created by a written transfer, instrument, or agreement.
(b)CA Civil Law Code § 683(b) Provisions of this section do not apply to a joint account in a financial institution if Part 2 (commencing with Section 5100) of Division 5 of the Probate Code applies to such account.

Section § 683.1

Explanation

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.

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 safe-deposit boxes and the renter or renters of a safe-deposit box, shall create a joint tenancy in or otherwise establish ownership in any of the contents of such safe-deposit box. Any such contract or other arrangement purporting so to do shall be to such extent void and of no effect.

Section § 683.2

Explanation

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.

(a)CA Civil Law Code § 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 sever a joint tenancy in real property as to the joint tenant’s interest without the joinder or consent of the other joint tenants by any of the following means:
(1)CA Civil Law Code § 683.2(a)(1) Execution and delivery of a deed that conveys legal title to the joint tenant’s interest to a third person, whether or not pursuant to an agreement that requires the third person to reconvey legal title to the joint tenant.
(2)CA Civil Law Code § 683.2(a)(2) Execution of a written instrument that evidences the intent to sever the joint tenancy, including a deed that names the joint tenant as transferee, or of a written declaration that, as to the interest of the joint tenant, the joint tenancy is severed.
(b)CA Civil Law Code § 683.2(b) Nothing in this section authorizes severance of a joint tenancy contrary to a written agreement of the joint tenants, but a severance contrary to a written agreement does not defeat the rights of a purchaser or encumbrancer for value in good faith and without knowledge of the written agreement.
(c)CA Civil Law Code § 683.2(c) Severance of a joint tenancy of record by deed, written declaration, or other written instrument pursuant to subdivision (a) is not effective to terminate the right of survivorship of the other joint tenants as to the severing joint tenant’s interest unless one of the following requirements is satisfied:
(1)CA Civil Law Code § 683.2(c)(1) Before the death of the severing joint tenant, the deed, written declaration, or other written instrument effecting the severance is recorded in the county where the real property is located.
(2)CA Civil Law Code § 683.2(c)(2) The deed, written declaration, or other written instrument effecting the severance is executed and acknowledged before a notary public by the severing joint tenant not earlier than three days before the death of that joint tenant and is recorded in the county where the real property is located not later than seven days after the death of the severing joint tenant.
(d)CA Civil Law Code § 683.2(d) Nothing in subdivision (c) limits the manner or effect of:
(1)CA Civil Law Code § 683.2(d)(1) A written instrument executed by all the joint tenants that severs the joint tenancy.
(2)CA Civil Law Code § 683.2(d)(2) A severance made by or pursuant to a written agreement of all the joint tenants.
(3)CA Civil Law Code § 683.2(d)(3) A deed from a joint tenant to another joint tenant.
(e)CA Civil Law Code § 683.2(e) Subdivisions (a) and (b) apply to all joint tenancies in real property, whether the joint tenancy was created before, on, or after January 1, 1985, except that in the case of the death of a joint tenant before January 1, 1985, the validity of a severance under subdivisions (a) and (b) is determined by the law in effect at the time of death. Subdivisions (c) and (d) do not apply to or affect a severance made before January 1, 1986, of a joint tenancy.

Section § 684

Explanation
This law explains that a partnership interest is when multiple people jointly own something as part of their business partnership.
A partnership interest is one owned by several persons, in partnership, for partnership purposes.

Section § 685

Explanation

When multiple people own something together, but not as joint owners or partners, it's called an interest in common.

An interest in common is one owned by several persons, not in joint ownership or partnership.

Section § 686

Explanation

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).

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 purposes, or unless declared in its creation to be a joint interest, as provided in Section 683, or unless acquired as community property.

Section § 687

Explanation

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.

Community property is property that is community property under Part 2 (commencing with Section 760) of Division 4 of the Family Code.

Section § 688

Explanation

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).

In respect to the time of enjoyment, an interest in property is either:
1. Present or future; and,
2. Perpetual or limited.

Section § 689

Explanation
If you have a present interest in a property, it means you have the right to possess and use that property right away.
A present interest entitles the owner to the immediate possession of the property.

Section § 690

Explanation

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.

A future interest entitles the owner to the possession of the property only at a future period.

Section § 691

Explanation

This law means that an ongoing or never-ending interest in a property lasts as long as the property itself exists.

A perpetual interest has a duration equal to that of the property.

Section § 692

Explanation

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.

A limited interest has a duration less than that of the property.

Section § 696

Explanation

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.

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 substituted for it, and take effect accordingly.

Section § 697

Explanation
Even if it seems unlikely that a certain condition will be met in the future, an interest in property or an estate doesn't become invalid just for that reason.
A future interest is not void merely because of the improbability of the contingency on which it is limited to take effect.

Section § 698

Explanation

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.

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 death of their parent.

Section § 699

Explanation

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.

Future interests pass by succession, will, and transfer, in the same manner as present interests.

Section § 700

Explanation

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.

A mere possibility, such as the expectancy of an heir apparent, is not to be deemed an interest of any kind.

Section § 701

Explanation

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.

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 this Division.

Section § 702

Explanation

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.

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 expressly provided.

Section § 703

Explanation

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.

No future interest in property is recognized by the law, except such as is defined in this Division of the Code.