What type of ownership do the surviving wife and son hold after the husband's death?

In California, when a husband dies and he and his wife own property together, the type of ownership dictates how the property is distributed. The correct answer, which is Tenants in Common, implies that the surviving wife and son now hold the property in separate and distinct shares, instead of inheriting the property together as one unit.

Tenants in Common allows for each owner to have a specific percentage of interest in the property, which means that ownership can be passed down to heirs independently. In the case of the husband’s death, the wife retains her share, and the son inherits his share, allowing the son to have future ownership rights that do not automatically involve the mother.

This structure contrasts with Joint Tenancy, where the principle of survivorship would apply, automatically giving the surviving spouse full ownership of the property without passing any share to the heirs. Community property, also incorrect in this scenario, typically applies to property acquired during marriage and would mean both spouses have equal shares, but does not specifically address multiple heirs. Tenants by the Entirety is a form of ownership available only to married couples, which also would not apply in this scenario as it would not typically allow for the property to pass to heirs separately.

Understanding that Tenants in Common establishes