Which of the following aspects does NOT characterize community property?

Community property is a legal framework that defines the ownership of assets acquired during a marriage in certain jurisdictions. It is characterized by several key principles, one of which is equal ownership by both spouses. This means that any income or property acquired during the marriage is considered owned equally by both partners, regardless of whose name is on the title or who earned the income.

Regarding survivorship transfer, community property often does not automatically transfer to a surviving spouse in the same way that property held in joint tenancy does. In community property states, when one spouse passes away, their half of the community property typically becomes part of their estate and is subject to probate, unless specific estate planning tools, such as a will or trust, are in place to facilitate a different transfer method.

The concept that community property is non-transferable upon death is also a characterizing factor, as it implies that the deceased spouse’s half must follow specific legal protocols, such as going through probate or being governed by terms set out in a will. When a property is sold, capital gains may be taxable, so taxability upon sale is also a feature of community property.

The statement about survivorship transfer to the surviving spouse does not accurately reflect the nature of community property, as it is not inherently