Tenancy in common or estate in community property: Creation; right of survivorship.
1. Estates as tenants in common or estates in community property may be created by conveyance from husband and wife to themselves or to themselves and others or from a sole owner to himself and others in the same manner as a joint tenancy may be created.
2. A right of survivorship does not arise when an estate in community property is created in a husband and wife, as such, unless the instrument creating the estate expressly declares that the husband and wife take the property as community property with a right of survivorship. This right of survivorship is extinguished whenever either spouse, during the marriage, transfers his interest in the community property.
Last modified: February 27, 2006