Effect on Title Flashcards

1
Q

Community Property with Right of Survivorship

A

1) One spouse can convey or encumber the other share 1/2 CPWRS interest without other spouse joinder- even if CP.
2) Divorce: Equal distribution
3) Death: ROS and new basis at death of income tax.

** May transfer or encumber 1/2 interest

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2
Q

Effect on How Title

Aquisition or improvement

A

If one party contributed SP to Acquisition or improvement of the JT property, the court may provide for reimbursement
* without interest and without any adjustment for increase in property value.

Take into account:

1) Intent of parties putting prop in JT
2) Length of marriage
3) any other factors.

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