California Real Estate Practice Exam

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A husband dies and conveys his interest in a piece of real estate that was held as community property to his son from a previous marriage. The man's surviving wife and his son are now

  1. Joint tenants

  2. Tenants by the entirety

  3. Tenants in common

  4. Sole proprietors

The correct answer is: Tenants in common

Tenants in common would be the correct answer because in community property states, assets obtained during marriage are considered community property and belong equally to both spouses. In the event of one spouse's death, their interest in the community property is passed on to their heirs. In this case, the husband conveyed his interest in the property to his son from a previous marriage, making them tenants in common with his surviving wife. Joint tenants and tenants by the entirety typically refer to forms of co-ownership between spouses, and sole proprietors would refer to an individual owning the property entirely on their own.

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