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.
Why This Is the Correct Answer
Why the Other Options Are Wrong
Deep Analysis of This Property Ownership Land Use Controls Question
Background Knowledge for Property Ownership Land Use Controls
Real World Application in Property Ownership Land Use Controls
Common Mistakes to Avoid on Property Ownership Land Use Controls Questions
Related Topics & Key Terms
Key Terms:
More Property Ownership Land Use Controls Questions
The highest form of property ownership in the United States is:
Fee simple is all of the following EXCEPT
The largest estate or ownership in real prop- erty is
In real estate, the term improvements most nearly means
In a physical sense, real estate may be said to include everything EXCEPT
- → All of the following real estate types can be depreciated, except:
- → Which of these is a direct building cost?
- → A man died without a will and with no sur- viving relatives. His four-acre farm will
- → Items that are affixed as appurtenances to land are usually real property. Which of these items is NOT real property?
- → 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?
- → When a person dies testate, her real property will
- → The rights to the space above the ground within vertical planes are BEST described as
- → All of the following are soil conditions, except:
- → The maker of a negotiable instrument is able to defend against a holder in due course in the event of:
- → While appraising a single family residence (SFR), an appraiser observes cracks in the walls and floor. In response, the appraiser best recommends which of the following?
People Also Study
Buyer Representation Agreement
8% of exam
Property Ownership
10% of exam
Land Use Controls and Regulations
8% of exam
Valuation and Market Analysis
10% of exam
Previous Question
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?
Next Question
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: