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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Related Topics & Key Terms
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Related Concepts
Wetlands protection refers to federal and state regulations that restrict development on wetlands — areas where water covers the soil or is near the surface for part of the year. The primary federal authority is the Clean Water Act enforced by the Army Corps of Engineers.
Zoning is the government's division of land into districts with specific permitted uses such as residential, commercial, industrial, or agricultural. It is the most common exercise of police power over private property.
Building codes are government regulations that set minimum standards for construction, materials, design, and safety in buildings. They protect public health and safety by ensuring structures are built to acceptable standards.
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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: