Community property laws exist in some states and dictate how property acquired during a marriage is owned and distributed in case of divorce or death. Generally, any assets acquired during the marriage through the labor or efforts of either spouse are considered community property, owned equally by both. Separate property, which includes assets owned before the marriage or received as gifts or inheritances during the marriage, remains the property of the individual spouse. The concept of Community Property with Right of Survivorship allows a surviving spouse to automatically inherit the deceased spouse's share of the community property.
If a couple in a community property state buys a house during their marriage, both spouses legally own the house equally, regardless of whose name is on the title. If one spouse inherits money from a relative, that inheritance is considered separate property.
Forms of Ownership: Community Property is tested in the Property Ownership section of the real estate exam. Questions typically present a scenario and ask you to apply the concept. Here are examples of how exam questions are phrased:
Virginia is a:
In California, community property with right of survivorship (CPRS) differs from joint tenancy because:
Ohio recognizes which forms of joint ownership?
Practice with all 10 related questions below to build confidence in this topic area.
Remember that community property is generally acquired *during* the marriage and owned equally. Understand the difference between community property and separate property.
Related Terms
Practice Questions
Virginia is a:
In California, community property with right of survivorship (CPRS) differs from joint tenancy because:
Ohio recognizes which forms of joint ownership?
Georgia recognizes tenancy by the entirety:
In Georgia, to create a joint tenancy with right of survivorship, the deed must:
A man dies testate, leaving a wife and minor son. He leaves all of his property to his son. His wife claims her elective share under the Uniform Probate Code. How will the man’s property be distributed?
Texas is a community property state. Which of the following is considered separate property?
In Texas, separate property includes:
Which type of tenancy automatically includes right of survivorship in Texas?
In Michigan, when one joint tenant dies, their interest:
Related Concepts
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.
Frequently Asked Questions
Study This in Your State
Forms of Ownership: Community Property may have state-specific rules. Choose your state to study Property Ownership with localized content: