Under California law, a married couple takes title as 'John Smith and Jane Smith, husband and wife, as joint tenants.' If John dies, what happens to his interest?
Correct Answer
B) His interest passes to Jane by right of survivorship
Because the couple took title as joint tenants (even though they are married), the joint tenancy rules apply. Under California Civil Code §683.2, upon the death of a joint tenant, the deceased's interest passes automatically to the surviving joint tenant by right of survivorship. Jane receives John's interest by operation of law, regardless of John's will.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A nonconforming use is a property use that was legally established before a zoning change but no longer complies with the current zoning ordinance. It is commonly called a "grandfathered" use.
A planned unit development (PUD) is a zoning classification that allows mixed land uses (residential, commercial, recreational) within a single development with flexible zoning standards. Homeowners typically own their lot and share common areas.
Police power is the government's authority to enact laws and regulations to protect the public health, safety, morals, and general welfare. It is the broadest power government has over private property.
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