Legal Question in Real Estate Law in California

What vesting my wife and I should choose for the single family home we are purchasing?
My wife and I are purchasing a single family home in Stockton California. The escrow company is asking us to choose one of the following vesting:
Joint Tenants, Tenants In Common, Community Property, Community Property With Right of Survivor ship, other.
When we die, each one of us wants the other to get 100% of the property with least tax complications.
Greatly appreciate your guidance.

Asked on 1/15/13, 7:14 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Most married couples have selected "community property" historically, and this is still a good choice unless there is something unusual about the deal. The "community property with right of survivorship" option was added recently, and if selected, insures that when one spouse dies, the other automatically becomes the full 100% owner, without anything going to children, other heirs, etc. under the terms of a will or by operation of law. This is also a reasonable choice, and if you have any doubts, you should ask a local attorney. Given the last sentence of your question, "with right of survivorship" is probably what you'll want.

Answered on 1/15/13, 8:17 pm

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