Legal Question in Real Estate Law in California

in califronia is it better for a married couple to buy a house joint tenancy or community property with right of survivorship?


Asked on 2/12/15, 3:05 pm

1 Answer from Attorneys

William Christian Rodi Pollock

It depends. For most couples Community Property With Right of Survivorship may be superior to joint tenancy, but this assumes the property is, in fact, community property and not sourced in whole or in part in the separate property of either spouse. It also asumes a basis adjustent is desirable at the death of either spouse. Of course, if you have circumstances where you want to protect your property for your children of a prior marriage, this approach is all wrong and cuts off their inheritance rights.

You are asking some of the right questions. But I would suggest you consult with an estate planning attorney to see what works best in your personal circumstances. That attorney will be able to assist in assuring that the decision is made correctly depending on your personal and tax planning goals.

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Answered on 2/12/15, 4:25 pm


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