Legal Question in Real Estate Law in California

You do not get to select between the two. All assets that a husband or wife has are either community property, quasi-community property [rare] or personal/private property, depending on whether the asset was obtained by the use of assets earned within the marriage or the assets pre-existed the marriage or were a gift/inheritance to one member of the marriage. Those private assets, however, can be treated such as to convert them into community property. Joint tenancy, as opposed to tenants in common, is an intentional choice made as to how the property will be held, not considering any martial situation.

I disagree with Mr. Shers.

The information explaining the difference, especially from the point of view of tax and estate planning is on this page: http://www.ggu.edu/school_of_taxation/tax_news/attachment/Jim+Henderson+Article.pdf