A married couple holds title to their California home as community property with right of survivorship (CPWROS). Upon entry of a final divorce judgment, how will a California court classify and divide this property?
Correct Answer
C) The court will divide the property equally as community property under California's mandatory equal division rule
Under California Family Code §2550, a court must divide community property equally upon dissolution of marriage. CPWROS is a form of community property, so it is subject to this mandatory equal division at final judgment. The right of survivorship is a feature that operates only at death — it has no effect on how the property is treated upon divorce. Once a dissolution judgment is entered, the survivorship feature is extinguished and the equal division rule governs.
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