- 7 - States, 363 U.S. 509, 512-513 (1960); Morgan v. Commissioner, 309 U.S. 78 (1940). In this case with the Young Property being situated in California, California property law determines the nature of decedent's interest in the Young Property. Under California law, a husband and wife may hold property as joint tenants,2 tenants in common, or as community property.3 Cal. Civ. Code sec. 5104 (West 1984). However, property cannot be both joint tenancy and community property, as these two types of interests are mutually exclusive. Sandrini v. Ambrosetti, 244 P.2d 742, 750 (Cal. Dist. Ct. App. 1952); Schindler v. Schindler, 272 P.2d 566, 568 (Cal. Dist. Ct. App. 1954). 2 Joint Tenancy is defined as: [a] joint interest owned by two or more persons in equal shares, by a title created by a single will or transfer, when expressly declared in the will or transfer to be a joint tenancy, or by transfer from a sole owner to himself or herself and others, or from tenants in common or joint tenants to themselves or some of them, or to themselves or any of them and others, or from a husband and wife, when holding title as community property or otherwise to themselves or to themselves and others or to one of them and to another or others, when expressly declared in the transfer to be a joint tenancy, or when granted or devised to executors or trustees as joint tenants. Cal. Civ. Code sec. 683 (West 1984). 3 Community property is defined as "property acquired by husband and wife, or either, during marriage, when not acquired as the separate property of either." Cal. Civ. Code sec. 687 (West 1982).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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