California Real Estate Broker ExaminationPropertyMedium
A married couple in California purchases a property together, intending for the surviving spouse to automatically inherit the deceased spouse's share without the need for probate. To achieve this, they should most likely take title as:
- ATenants in Common
- BCommunity Property
- CJoint Tenants
- DTenancy in Partnership
Show answer & explanationAnswer & explanation
Correct answer: C. Joint Tenants
Joint tenancy includes the right of survivorship, meaning that upon the death of one co-owner, their interest automatically passes to the surviving owner(s) without going through probate. While community property also offers some survivorship benefits in California, joint tenancy explicitly ensures automatic transfer without probate.
Why the other options are wrong
- A. Tenants in Common allows individual shares to be willed to heirs, not automatically to the surviving co-owner.
- B. Community property in California typically requires a will or specific community property with right of survivorship to avoid probate for the entire interest.
- D. Tenancy in partnership is for business partners and does not include the right of survivorship in the same way.
Joint Tenancy
A form of co-ownership where two or more parties own property with the right of survivorship, meaning the deceased owner's interest automatically passes to the surviving owner(s).
- Requires the 'four unities': possession, interest, time, title.
- Right of survivorship avoids probate.
- Cannot be willed away by a joint tenant.
Memory trick: Co-ownership determines 'how' you share the home.