Legal Question in Wills and Trusts in California

You would need to hold title as "joint tenants with rights of surviviorship." Title held by tenants in common is different, and does not imply rights of survivorship.

Your and your husband should also consider holding title as "husband and wife as community property with right of survivorship" which has certain advantages over joint tenancy. On the other hand, the two couple should probably each hold their share as tenants in common.

I think the best route would be to form a LLC or corporation to own the investment property. That is how my clients and I own our investment properties. Otherwise, all of you will be exposed to unlimited personal liability in case something goes wrong with the investment property. For example, a tenant slips, falls and breaks a leg because of a rotten doorstep and sues.

So I would be more concerned about potential liability than probate.