如果可以在Tenancy in comon; Joint Tenancy;Community Property;Community property with Right of Surviorship 中选择，夫妻共同持有的出租房是不是应该用Community property with Right of Surviorship？
Community Property: each spouse owning 1/2 of the property. Pro: receives step-up basis in capital gain (because it go through probate) Con: when one spouse die, the other spouse need to go through probate to remove dead person's name, It is costly and time consumping.
Joint Tenancy: each spouse owning the whole property. Pro: no probate when one owner die, just go to courthouse to remove dead person from title. Con: no step-up basis adjustment, more capital gain tax
Community Property with Right of Survovirship Pro 1: unlike Community property, the right of suvirvorship eliminates the need for probate Pro 2: unlike Joint Tenancy, the suvivor do receve step-up basis benefit.
如果可以在Tenancy in comon; Joint Tenancy;Community Property;Community property with Right of Surviorship 中选择，夫妻共同持有的出租房是不是应该用Community property with Right of Surviorship？
谢谢
我们出租房一般都是配偶直接quitclaim deed.
In California
Community Property: each spouse owning 1/2 of the property.
Pro: receives step-up basis in capital gain (because it go through probate)
Con: when one spouse die, the other spouse need to go through probate to remove dead person's name, It is costly and time consumping.
Joint Tenancy: each spouse owning the whole property.
Pro: no probate when one owner die, just go to courthouse to remove dead person from title.
Con: no step-up basis adjustment, more capital gain tax
Community Property with Right of Survovirship
Pro 1: unlike Community property, the right of suvirvorship eliminates the need for probate
Pro 2: unlike Joint Tenancy, the suvivor do receve step-up basis benefit.
If you don't know what step-up basis is, see this https://californiaprobate.info/2013/03/step-up-in-basis-the-basics/