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A distinguishing feature of joint tenancy is the right of survivorship. Right of survivorship means that upon the death of one of the joint tenants, his or her share is automatically transferred to the surviving joint tenants.
Disadvantages of community property with a right of survivorship: If a spouse dies having willed a piece of property titled as community property with a right of survivorship to someone other than their spouse, their gift may be deemed invalid.
In California, community property is? Community property with the right of survivorship is a land title for married couples only. Each spouse owns the property equally, allowing them an equal property division after divorce or death.
In conclusion, for married couples not in a position to create a Living Trust, titling real property as community property with right of survivorship in California can provide significant benefits, including simplified transfer of ownership upon death and tax savings.
Under a community property system such as in California, when the first spouse dies, the entire property automatically transfers to the survivor.