CALIFORNIA FAMILY LAW
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Death of a Spouse
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Effect on Property Issues
.........After Bifurcation/Interloc.
8 Cards On This Topic:
Joint tenancy automatically severed by status dissolution.
Death of party does not deprive trial ct. of power to enter judgment so long as case submitted for decision before party died.
If party dies after status bifurcation, any obligations imposed as a result thereof are enforceable against any asset that they would have been enforceable against, but for death.
Where marital status terminated and jurisdiction reserved over property, death of spouse before division does not deprive court of jurisdiction; CC §4800.1 applied.
Death of spouse after interlocutory judgment does not deprive court of jurisdiction to divide property.
Status-only dissolution judgment does not manifest sufficient words or conduct to sever joint tenancy.
Where a bifurcated judgment reserves jurisdiction over all remaining issues, subsequent death of party does not deprive court of jurisdiction to resolve those issues.
Death of spouse after decision rendered does not preclude court from entering judgment in conformity therewith.