California Real Estate Practice Exam

Mr. and Mrs. "Z" own property in joint tenancy. The "Zs" each have a son by a previous marriage. Mrs. "Z" dies and leaves by will 2/3 of her property to her son and the other 1/3 to Mr. "Z's" son. The sons:

1. hold title as joint tenants, with right of survivorship.

2. hold title as tenants in common.

3. may select to hold title in community property.

4. none of the above.

The correct answer is: hold title as joint tenants, with right of survivorship.

In joint tenancy, when one owner dies, their interest in the property automatically transfers to the surviving joint tenant(s) through the right of survivorship, meaning that the deceased owner's share does not pass according to their will. In this scenario, when Mrs. "Z" dies, her interest in the property does not go to her son or Mr. "Z's" son as bequeathed in her will. Instead, Mr. "Z" retains full ownership of the property. This principle of survivorship is a fundamental characteristic of joint tenancy, distinguishing it from other forms of ownership like tenants in common, where heirs can inherit the deceased's share of the property. Therefore, after Mrs. "Z" passes away, Mr. "Z" becomes the sole owner of the property, while the sons do not acquire any rights to the property based on the will. The other choices refer to possible forms of ownership that do not apply here. Tenancy in common would allow for inheritance rights as outlined in wills, which is not relevant in a joint tenancy situation as described. Community property applies only to property acquired during marriage, and in this context, does not apply to their arrangement or the rights specified in the will.