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In order to sever the right of survivorship, a tenant must only record a new deed showing that his or her interest in the title is now held in a ?Tenancy-in-Common? or as ?Community Property?.
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.
Community property with right of survivorship is a legal distinction that allows two spouses to equally share assets through marriage as well as pass on assets to the other spouse upon death without going through probate.
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.