In California, most assets acquired during marriage are considered jointly owned. This form of ownership, known as community property, dictates that each spouse has an equal, undivided interest. Adding a right of survivorship provision ensures that upon the death of one spouse, their share automatically transfers to the surviving spouse, bypassing probate court. For example, a couple purchases a house during their marriage. With this provision, if one spouse passes away, the other automatically becomes the sole owner of the house.
This arrangement offers several advantages. It provides a streamlined transfer of assets, avoiding the time and expense associated with probate proceedings. It offers immediate and clear ownership to the surviving spouse, simplifying financial matters during a difficult time. Historically, this approach stemmed from principles of partnership within a marriage, recognizing both spouses’ contributions to the marital estate. This approach aims to provide financial security and stability to the surviving spouse.
