Married couple purchasing condominium together in California. Which holding method ensures survivor immediately owns property in severalty upon spouse's death?
Correct Answer
D) Both B and C
Answer D is correct because both joint tenancy (answer C) and community property with right of survivorship (answer B) provide the surviving spouse with immediate ownership of the entire property upon the other spouse's death by operation of law, without the need for probate. California Probate Code Section 682.1 specifically created community property with right of survivorship as a hybrid form of ownership combining the survivorship feature of joint tenancy with the full-basis step-up tax advantage of community property, while joint tenancy under California Civil Code Section 683 has long provided the same immediate survivorship transfer — making both B and C individually correct and therefore D the most complete answer.
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