Property OwnershipIntermediateCalifornia Exam

What is 'tenancy by the entirety'?

AA type of co-ownership recognized in most states for married couples with right of survivorshipCorrect

BThe standard California form of married couple ownership, under standard California property ownership law

CA form of ownership for business partners only, as typically recorded in a California deed

DAn ownership form requiring all partners to agree before any sale, consistent with common law property ownership principles

Why A type of co-ownership recognized in most states for married couples with right of survivorship Is Correct

Answer A: A type of co-ownership recognized in most states for married couples with right of survivorship

Tenancy by the entirety is a special form of joint ownership available to married couples in many states but NOT recognized in California. California married couples instead hold property as community property, community property with right of survivorship, or joint tenancy.

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

Deed

A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).

Joint Tenancy

Co-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.

Community Property

In community property states, most property acquired during marriage is owned equally by both spouses, regardless of who paid for it.

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Key Terms to Know

Joint Tenancy

Co-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.

Community Property

In community property states, most property acquired during marriage is owned equally by both spouses, regardless of who paid for it.

Tenancy in Common

Co-ownership where two or more people hold undivided interests that need not be equal and pass to each owner's heirs — no right of survivorship.

Fee Simple

The highest and most complete form of property ownership — absolute ownership with the right to use, sell, or pass the property to heirs.