Property OwnershipIntermediateCalifornia Exam

Under California law, when two unmarried persons take title to property as joint tenants, what right does each party have upon the other's death?

AThe right to inherit 50% of the decedent's share through probate, under standard California property ownership law
BThe right of survivorship, meaning the survivor automatically inherits the deceased's interestCorrect
CThe right to sell the property without the other party's consent, as typically recorded in a California deed
DThe right to partition the property immediately, consistent with common law property ownership principles

Why The right of survivorship, meaning the survivor automatically inherits the deceased's interest Is Correct

Answer B: The right of survivorship, meaning the survivor automatically inherits the deceased's interest

Joint tenancy includes the right of survivorship, so when one joint tenant dies, their interest automatically passes to the surviving joint tenant(s) outside of probate.

Exam Tip: Property Ownership

Property ownership questions test the bundle of rights and different forms of ownership. Know the differences between joint tenancy, tenancy in common, and community property, including the right of survivorship.

Key Property Ownership Terms in This Question

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