COMMUNITY PROPERTY: This requires a valid marriage between two people. Each spouse holds an undivided one-half interest in the estate. One spouse can't partition the property by selling his/her interest. It requires the signatures of both spouses to convey or encumber the property. Each spouse can will one-half of the community property. Upon death, the estate of the decedent must be "cleared" through probate, affidavit or adjudication. Both halves of the community property are entitled to a "stepped up" tax basis as of the date of death.
JOINT TENANCY WITH RIGHT OF SURVIVORSHIP: The parties don't have to be married and there may be more than two joint tenants. Each joint tenant holds an equal and undivided interest in the estate, unity of interest. One joint tenant can partition the property by selling his/her joint interest. It requires the signatures of all joint tenants to convey or encumber the whole. The estate passes to the surviving joint tenant(s) outside of probate.. No court action is required to "clear" title upon the death of joint tenant(s). The deceased tenant's share is entitled to a "stepped up" tax basis as of the date of death.
COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP: This requires a valid marriage between two people. Each spouse holds an undivided one-half interest in the estate. One spouse can't partition the property by selling his/her interest. It requires the signatures of both spouses to convey or encumber the property. The estate passes to the surviving spouse outside of probate. No court action is required to "clear" title upon the first death. Both halves of the community property are entitled to a "stepped up" tax basis as of the date of death.
TENANCY IN COMMON: The parties don't need to be married and there may be more than two tenants in common. Each tenant in common holds an undivided fractional interest in the estate. It doesn't have to be equal shares, e.g. 20% and 80%; 20%, 40% and 40%, etc. Each tenant's share can be conveyed, mortgaged or devised to a third party. It requires the signatures of all tenants to convey or encumber the whole. Upon death the tenant's proportionate share passes to his/her heirs by will or intestacy. Upon death the estate of the decedent must be "cleared" through probate, affidavit or adjudication. Each share has its own tax basis.




