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Community Property Right of Survivorship

Parties: Only Husband and Wife

Division: Ownership and managerial interests are equal

Title: Title is in the “community”, management is unified

Possesion: Both co-owners have equal management and control

Conveyance: Right of survivorship may be terminated pursuant to the same procedures by which a joint tenancy may be severed

Purchaser’s Status: Purchases can only aquire whole title of community; cannot acquire part of it

Death: Upon the death of a spouse, his/her interest passes to the surviving spouse, without administration, subject to the same procedures as property held in joint tenancy

Successor’s Status: Surviving spouse owns property

Creditor’s Right: Property of community is liable for debts which are made before or after marriage; whole property may be sold on execution sale to satisfy creditor

Presumption: Must be expressly stated