In community property with right of survivorship, how is the title typically held?

Study for the Arizona Real Estate Exam. Boost your knowledge with flashcards and multiple choice questions with explanations. Be exam-ready with our comprehensive review!

In community property with right of survivorship, the title is held as community property. This form of ownership is unique to certain states, including Arizona, where two spouses own property equally, and it has specific implications for inheritance. When one spouse passes away, the surviving spouse automatically becomes the sole owner of the property, bypassing the probate process. This arrangement provides the benefits of community property, such as equal ownership and potential tax advantages, while also ensuring that the surviving spouse retains full control over the property without the usual complications that can arise from joint tenancy or tenants in common arrangements.

Joint tenancy, while similar in allowing rights of survivorship, requires equal shares in property ownership and does not necessarily imply the community nature of the property as in the case with spouses. Severalty denotes sole ownership by one individual and does not apply when both spouses share ownership. Tenants in common allows for ownership shares that are not necessarily equal and does not address the survivorship aspect inherent in community property with right of survivorship. Therefore, holding property as community property provides clarity on ownership and succession for spouses in community property states.

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