Legal Question in Wills and Trusts in California

Re: Joint Tenancy vs Community Property

Joint tenancy is automatic right of survivorship. Community property, if there is no will, would go to the surviving spouse. If there is a will, the deceased can will his half to whomever he wants. A third alternative is Community Property with right of survivorship, which gives acts like joint tenants, but provides some community property tax benefits.

Any decision on how to hold title is very important, and you should seek professional counseling.

Re: Joint Tenancy vs Community Property

This depends on the title--check your ownership documents to see whether you're listed as joint tenants, community property or otherwise.

Re: Joint Tenancy vs Community Property

You're asking a threefold questioned all in one. If your intent is do you get the property automatically upon the other person's death it will depend upon the nature of how you hold the property, in what form. As to a time-share it is no different than any other form of title except, different entities of timeshares deal with the holding of title different from others. The first thing you should do is looked at the documents giving you title to the property. More importantly unless you are sophisticated enough to understand the differences between how you hold title and the effect of how you hold title meaning dispositive effect, tax effect, the effect in case of the divorce or other situations which you may not be aware of, get an attorney to help you in don't consider this a do-it-yourself project. More likely than not you will screw it up and not even understand how. Let the attorney explain the differences to you said you can make the choice applicable to this particular asset as well as other assets where title is held in different forms.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.