California Real Estate Practice Exam

In California, if the ownership status of the property of a married couple is unclear, the courts will presume?

1. The property is separate property

2. The property is joint tenancy

3. The property is community property

4. The property is a tenant in common

The correct answer is: The property is community property

In California, if the ownership status of the property of a married couple is unclear, the courts will presume that the property is community property. This means that the property is owned jointly by both spouses and is subject to equal division in the event of a divorce or dissolution of marriage. This is the default assumption in California unless there is evidence to prove otherwise. Option A is incorrect because separate property refers to assets owned by one spouse before marriage or acquired during the marriage through inheritance or gift. Option B is incorrect because joint tenancy refers to a specific type of co-ownership that must be explicitly chosen by both spouses. Option D is incorrect because tenancy in common is another type of co-ownership that allows for individual shares of the property, rather than joint ownership.