Property Ownership
In Washington, when a property owner dies and their will attempts to leave the property to someone other than their surviving spouse, but the property is community property, what happens?
AThe will controls, and the designated beneficiary receives the property
BThe spouse owns their half of the community property outright and only the deceased's half passes under the will✓ Correct
CThe entire property passes to the surviving spouse by operation of law
DThe probate court must decide based on each spouse's contribution to the property
Explanation
Each spouse owns an undivided half of community property. The deceased spouse can only dispose of their half through a will.
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Key Terms to Know
Community Property
In community property states, most property acquired during marriage is owned equally by both spouses, regardless of who paid for it.
Joint TenancyCo-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 CommonCo-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.
DeedA written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
State-Specific Concepts
Community Property
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