Legal Question in Real Estate Law in California

Re: Two married couples holding title to same property

I agree with Mr. Koenen's analysis. I would like to add a thought. If the property is an income property or is going to be extensively renovated, you might want to consider forming a limited liability company, a partnership or an S corporation. There could be tax and investment-tracking advantages.

Re: Two married couples holding title to same property

The way I read your question, there are four people who own this property ... two married couples.

I am assuming that each couple owns a one-half interest in the property and the goal is that if one person dies, that person's spouse will receive the deceased's interests, while the other couple would merely retain their half.

Each couple would want to hold their interest as joint tenands or community property with right of survivorship. Each couples shared interest would then be held as tenants in common with the other couple, each couple with 50% interest.

When one party dies, their spouse automatically obtains the interests of the deceased, while the other couples interest remains the same. In that scenario, the surviving spouse owns a 50% interest in the property and the other couple owns the other 50% together.