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community property with right of survivorship

Property that is jointly owned by both spouses; and on the death of one spouse their 1/2 share will pass directly to the other spouse without going through probate.

For example, Husband and Wife own a house in a community property state.  Each owns 1/2 of the whole house.  When Husband dies, Wife will take husbands interest, and Wife will own the entire house.

 

Definition from Nolo’s Plain-English Law Dictionary

A way for married couples to hold title to property, available in some community property states. It allows one spouse's half-interest in community property to pass to the surviving spouse without probate.

Definition provided by Nolo’s Plain-English Law Dictionary.

August 19, 2010, 5:13 pm