Through a real case, we will explore how to maintain property with the right of survivorship, a relevant topic when purchasing real estate in California.

Stage

Juan Archena and Nicosia Archena are married and are in the process of purchasing a condo in California. They want to make sure that if one of them dies, the survivor has ownership of the condo right away. How can they maintain the property with right of survivorship?

Response Options:

We must focus on the “right of survival.”

1. Community Property with Right of Survivorship:

This option is available for married couples or couples registered as domestic partners. In this case, Juan and Nicosia, being married, can opt for this form of ownership. When one spouse dies, the survivor automatically acquires, by operation of law, the property interest of the deceased.

2. Joint Tenants with Right of Survivorship:

This option is available to both married couples and couples registered as domestic partners and unrelated or unmarried individuals. In this case, Juan and Nicosia have the option to maintain the property as joint tenants. When one of the co-owners dies, the survivor immediately acquires, through the operation of the law, the property interest of the deceased.

Important to know

When property is held as joint tenants, there may be more than two joint title holders at the same time. This is a key distinction to keep in mind.

Advice

Remember that ownership “in severalty” means that there are an unique owner in the title. This term is essential to understanding the difference between tenure options.