Property OwnershipIntermediateCalifornia Exam

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, under standard California property ownership law

BJoint tenancy, as typically recorded in a California deed

CCommunity property with right of survivorshipCorrect

DTenancy by the entirety, consistent with common law property ownership principles

Why Community property with right of survivorship Is Correct

Answer C: Community property with right of survivorship

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.

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.

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.

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