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Pass California

Ownership and Land Use, 15% of the examination

Community property

Property acquired by a married person during marriage other than by gift, bequest, devise or descent.

California presumes property acquired during marriage from earnings is community. Separate property is anything owned before marriage, anything acquired during marriage by gift or inheritance, and the rents and profits of separate property. Community property with right of survivorship adds probate avoidance and gives the survivor a full step-up in basis on the entire property.

See also

Joint tenancyCo-ownership in equal shares with right of survivorship, requiring the four unities of time, title, interest and possession.

See it in a question

One question from Ownership and Land Use, so the term lands in the context the exam uses it in.

Ownership and Land Use ยท 15%Types of Ownership

Two unmarried people buy a house as joint tenants. One dies leaving a will giving her entire estate to her brother. What happens to her interest?

Written to DRE's published topic list. Not a real examination question, since reproducing those is a misdemeanour under B&P Code section 123.

Where this is tested

Property Ownership and Land Use Controls and RegulationsWhat can be owned, how it is held, what limits it, and who does the limiting. Water rights and environmental hazards carry more weight in California than almost anywhere else.15%Practise Ownership and Land Use30 questions on this area, every option explained.Practice

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