Property Ownership

Which form of co-ownership is most commonly used between married couples in California who want the property to pass to the survivor without probate?

ATenancy in common
BJoint tenancy
CCommunity property with right of survivorship✓ Correct
DTenancy by the entirety

Explanation

Community property with right of survivorship, recognized in California since 2001, combines the tax benefits of community property (full stepped-up basis at death) with the probate-avoidance benefit of survivorship, making it the preferred form for married couples.

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