Frequently Asked Questions (FAQs)
Joint tenancy, Community Property, Domestic Partnerships
Are there any other important differences between community property and separate property when one of us dies?
One very important one. Historically, joint tenancy property provides greater protection than community property for the surviving spouse since the interest of the deceased spouse vests automatically in the surviving spouse and is not subject to the creditors of the deceased spouse (other than mortgages and liens already on the home). Holding title in community property means the surviving spouse acquires the deceased spouse’s half interest subject to the deceased spouse’ creditors. However, the hybrid form - taking title “in community property with right of survivorship” - carries the same protection from creditors as joint tenancy.
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- Joint tenancy, Community Property, Domestic Partnerships