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Pass California

Ownership and Land Use, 15% of the examination

Joint tenancy

Co-ownership in equal shares with right of survivorship. The traditional four unities are time, title, interest and possession, subject to California statutory creation rules.

A California joint tenancy must be created by a transfer that expressly declares the joint-tenancy intent under Civil Code 683. Time, title, interest, and possession are the traditional four unities, but California permits specified direct transfers, including from an owner to that owner and others as joint tenants. Each joint tenant has an equal right to possess the whole property. At death, the deceased joint tenant's interest is extinguished and the surviving joint tenant or tenants take through the right of survivorship, so a will cannot redirect that interest. During life, a joint tenant may generally transfer their own share without the other owners' consent. That transfer severs the joint tenancy as to the transferred share and leaves the new owner holding that share as a tenant in common. A transfer by one owner does not automatically destroy survivorship between the remaining joint tenants.

What this is confused with

The exam rarely asks for a definition. It describes a situation and offers two terms that both sound plausible.

Tenancy in common

No survivorship, shares may be unequal, and the interest passes by will or intestate succession.

Community property with right of survivorship

Available to spouses and combines community-property character with survivorship. Its potential federal basis treatment differs from ordinary joint tenancy and depends on the governing tax rules and facts.

See also

Tenancy in commonCo-ownership with no right of survivorship, permitting unequal shares.Community propertyProperty generally presumed to belong to both spouses or registered domestic partners when acquired during the relationship while domiciled in California, subject to separate-property exceptions.

Test the distinction

A relevant question from Ownership and Land Use, selected because its facts or explanation use this concept.

Ownership and Land Use ยท 15%Types of Ownership

Which four traditional unities are remembered by TTIP in joint-tenancy study?

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

Primary sources

Use these authorities when a course summary, forum answer, or older flashcard conflicts with the current California rule.

Where this is tested

Property Ownership and Land Use Controls and RegulationsWhat can be owned, how it is held, and what limits its use. Distinguish ownership interests, public and private controls, environmental hazards, and California water-rights rules.15%Practice Ownership and Land Use35 questions on this area, every option explained.Practice

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