California Real Estate SalespersonProperty Ownership and Land Use ControlsMedium
A married couple takes title to their home as 'community property with right of survivorship.' Upon the husband's death, what happens to his half interest?
- AIt automatically vests in the surviving spouse outside of probate
- BIt is divided equally between the surviving spouse and the decedent's children
- CIt reverts to the state under escheat until claimed
- DIt passes through probate to his named heirs
Show answer & explanationAnswer & explanation
Correct answer: A. It automatically vests in the surviving spouse outside of probate
Community property with right of survivorship combines the tax benefits of community property (full step-up in basis) with the automatic transfer feature of joint tenancy, so the surviving spouse takes full title without probate.
Why the other options are wrong
- B. There is no automatic split with children under this title form.
- C. Escheat only applies when there are no heirs at all.
- D. Probate is avoided precisely because of the survivorship feature.
Community Property with Right of Survivorship
A California title form combining community property's stepped-up tax basis with joint tenancy's automatic survivorship transfer.
- Avoids probate like joint tenancy
- Gets full step-up in basis like community property
- Must be married or registered domestic partners
Memory trick: Best of both worlds: survivorship speed + tax step-up.