Carlos and Patricia are married and hold their California home as joint tenants. Carlos dies without a will. Under California law, what happens to Carlos's interest in the property?
Correct Answer
C) Carlos's interest passes to Patricia by right of survivorship
Joint tenancy includes the right of survivorship. Under California Civil Code §683.2, when a joint tenant dies, the deceased tenant's interest automatically passes to the surviving joint tenant(s) by operation of law. This occurs regardless of whether the deceased had a will, and the transfer avoids probate entirely.
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Helen, a single woman, and Mark, a single man, purchase an investment property together in California. They each contribute 50% of the purchase price but do not specify the form of ownership on the deed. Under California law, how is the property presumed to be held?
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Under California's declared homestead statute (CCP §704.730), a homeowner's declared homestead exemption protects against forced sale by all of the following EXCEPT: