CALIFORNIA FAMILY LAW
...Death of a Spouse
......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.