Understanding Community Property vs. Community Property with Right of Survivorship: A Real-Life Story

When it comes to owning property as a married couple in California, understanding the difference between Community Property and Community Property with Right of Survivorship can save your family time, money, and legal headaches.

What Is Community Property?

In California, most property acquired during marriage is considered community property, meaning both spouses own it equally—50/50. However, if the property is titled simply as community property, when one spouse passes away, that half of the property becomes part of their estate.

This means:

• The deceased spouse’s half may need to go through probate, a legal process to settle the estate.

• Probate can be time-consuming, costly, and public.

• The surviving spouse doesn’t automatically become the sole owner of the entire property.

What Is Community Property with Right of Survivorship?

This is a special way of holding title where both spouses own the property equally and the surviving spouse automatically inherits the deceased spouse’s half—without probate.

Benefits include:

• Avoiding probate altogether for the property.

• Immediate and automatic transfer of ownership.

• A simpler, quicker process for the surviving spouse.

A Real-Life Story: When Probate Becomes Necessary

Consider the story of Linda* and her late husband, Mark*.

They owned their family home as community property. When Mark unexpectedly passed away, Linda assumed the house automatically belonged to her since they were married. However, because the deed did not specify “with right of survivorship,” Mark’s half of the property had to go through probate.

The probate process took several months, during which Linda was unable to refinance or sell the home without court approval. The process was emotionally and financially draining, with legal fees cutting into the estate’s value.

Had their deed been titled as community property with right of survivorship, Linda could have avoided probate and smoothly transitioned to sole ownership of the home.

How Mojave Legal Docs Can Help

If you’re unsure how your property is titled or want to update your deed to include the right of survivorship, Mojave Legal Docs can assist you. Call 661-387-4005.