| Joint Tenancy With the
Right of Survivorship |
Community Property With
the Right of Survivorship |
| Parties need not be
married; may be any two people |
Requires a valid marriage
between two people |
| Each joint tenant holds an
equal and undivided interest in the estate, unity of interest |
Each spouse holds an
undivided one-half interest in the estate |
| One joint tenant can
partition the property by selling his or her joint interest |
One spouse cannot partition
the property by selling his or her interest |
| Requires signatures of all
joint tenants to convey or encumber the whole |
Requires signatures of both
spouses to convey or encumber |
| Estate passes to surviving
joint tenants outside of probate |
Estate passes to surviving
spouse outside of probate |
| No court action required to
“clear” title upon the death of joint tenant(s) |
No court action required to
“clear” title upon the first death |
| Deceased tenant’s share is
entitled to a “stepped up” tax basis as of the date of death |
Both halves of the
community property are entitled to a “stepped up” tax basis as of the
date of death |
