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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).
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