CALIFORNIA FAMILY LAW
...Family Residence/Real Property
......Joint Tenancy
.........Severing
 12 Cards On This Topic:
  • Means by which joint tenant may sever joint tenancy in real property as to his/her interest without the joinder or consent of other joint tenants.
  • Joint tenancy (and c/p with right of survivorship) automatically terminated upon status judgment absent C&CE of desire to maintain.
  • Where marital status terminated and jurisdiction reserved over property division, death of spouse prior to division does not deprive court of jurisdiction; former Civil Code section 4800.1 (now Fam. Code §2580) applies to j/t property.
  • Unrecorded trust instrument sufficient as between trustors to convert joint tenancy property assigned to trust into community property.
  • Severance of j/t by declaration of severance is not "transfer" or "disposition" of "property" and does not violate automatic TRO (SFLRO) in dissolution or court-ordered TRO or preliminary injunction.
  • Quitclaim deed executed by joint tenant one day prior to death, transferring interest to trust, ineffective when not recorded for 30 days.
  • Where a bifurcated judgment reserves jurisdiction over all remaining issues, subsequent death of party does not deprive court of jurisdiction to resolve those issues.
  • Unrecorded holographic will insufficient to sever joint tenancy.
  • Joint tenancy terminated by stipulated agreement of H and W—reduced to dissolution judgment—to sell residence and divide proceeds.
  • Attorney has duty to advise client to sever joint tenancy after parties separate. Former Civil Code section 4800.1 [replaced in part by Fam. Code §2580] not applicable to probate proceeding.
  • Joint tenant of homesteaded property may terminate joint tenancy at any time without affecting homestead.
  • Joint tenancy, non-real estate, property.


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