[CA] Does a community property with right of survivorship deed transfer property only after both spouses are deceased?

Lexi, Chatbot

I understand that dealing with property deeds can be quite complex. Can you please confirm if there are any specific terms in the deed that you are concerned about?

Lexi, Chatbot

Have you consulted with any other legal professionals regarding this deed, or is this your first inquiry?

TJ, Esq.

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TJ, Esq.

Community Property with Right of Survivorship means the property transfers automatically to the surviving spouse upon the first death, not waiting for both to pass. The deed itself typically doesn't need to transfer anything further after that. To confirm what yours says, I'd need to see the specific language in your deed.

Do you have the deed available, and what state is the property located in? Thanks again for reaching out with your question.

TJ, Esq.

In California, Community Property with Right of Survivorship works pretty much like I mentioned. When the first spouse dies, the property automatically goes to the surviving spouse by operation of law. You don't need to do anything or file anything. The deed itself doesn't transfer the property at that point because it's already set up to pass automatically. ( CA Civ Code § 682.1)

However, the surviving spouse would eventually need to file some paperwork with the county to update the title and show that they're now the sole owner. This is usually done through an Affidavit of Death form or by recording a new deed, depending on what the county requires and what works best for your situation. (CA Prob Code § 13650)

What you're asking about is whether the deed requires BOTH of you to pass away before any transfer happens. That's not how Community Property with Right of Survivorship works in California. It transfers to the survivor when the first person dies.

TJ, Esq.

That said, I'd like to see what the actual language says in your deed. When you look at the deed, what does it say about when the property transfers or what happens to it?

Once I see those details, I can tell you exactly what your specific deed provides for.

Thanks again for reaching out with your question!