California Real Estate SalespersonProperty Ownership and Land Use ControlsEasy
Two unrelated investors, Ben and Lucy, purchase a rental property together and want the survivor to automatically inherit the entire property without probate. Which form of ownership should they select?
- ATenancy in common
- BCommunity property
- CJoint tenancy
- DTenancy in partnership
Show answer & explanationAnswer & explanation
Correct answer: C. Joint tenancy
Joint tenancy includes the right of survivorship, meaning that when one joint tenant dies, their interest automatically passes to the surviving joint tenant(s) outside of probate.
Why the other options are wrong
- A. Tenancy in common has no survivorship; each owner's share passes to their heirs.
- B. Community property is reserved for married couples or registered domestic partners.
- D. Tenancy in partnership applies to business partnership property, not simple co-ownership by individuals.
Joint Tenancy
A form of co-ownership requiring equal interests acquired at the same time via the same document, with the key feature of right of survivorship.
- Requires unity of time, title, interest, and possession (the four unities)
- Right of survivorship avoids probate on death of a joint tenant
- Any joint tenant can sever the joint tenancy by conveying their interest
Memory trick: Joint tenants share the same TTIP (Time, Title, Interest, Possession) and the last one standing wins it all.