California Real Estate SalespersonProperty Ownership and Land Use ControlsMedium
A married couple in California holds title to their home as community property. Upon the death of one spouse without a will, what happens to the deceased spouse's one-half interest?
- AIt must be sold and the proceeds split between the estate and the surviving spouse
- BIt is divided equally among all children regardless of the surviving spouse
- CIt automatically passes to the surviving spouse by operation of law, the same as joint tenancy
- DIt passes according to intestate succession laws, which typically give it to the surviving spouse
Show answer & explanationAnswer & explanation
Correct answer: D. It passes according to intestate succession laws, which typically give it to the surviving spouse
Unlike joint tenancy, community property has no automatic right of survivorship; the deceased spouse's half passes through probate according to their will or, if none exists, intestate succession, which usually awards it to the surviving spouse but must still go through the probate process.
Why the other options are wrong
- A. There is no requirement to sell the property; distribution is determined through probate.
- B. California intestate succession generally favors the surviving spouse for community property, not equal division among children.
- C. This describes joint tenancy, not community property, which lacks automatic survivorship.
Community Property (No Survivorship)
Property acquired during marriage in California, owned equally by both spouses; unlike joint tenancy, it has no automatic right of survivorship and must pass through probate or a will.
- Each spouse owns an undivided one-half interest
- No automatic survivorship unless title is 'community property with right of survivorship'
- Deceased spouse's half is subject to probate or their will
Memory trick: Community property needs probate; joint tenancy skips the courthouse gate.