Legal Question in Family Law in California

If the house subject to the order never actually sold, who owns it now? Was it held jointly by both parents then and is it still held this was? Who was to get the proceeds upon sale? Was it a joint proceed equal to each parent? The judge's order should still hold, but it is important to answer the above questions. If the house was never sold and if it was jointly held as joint tenancy or community property, then the surviving spouse would own the property when one dies. In this case the father would take title, but at that point, he could be asked to give half of its value to the wife's estate based upon the very earlier ruling that the house proceeds were to be divided. If the father still could not sell the house then I would assume that your mother's estate would own the other half, and this half would be distributed (assuming it was cash) to her heirs. That might include newer husbands and children.

Mr. Brear is wrong. Case law has held that a divorce decree between two spouses severs a joint tenancy, and creates a tenancy in common. The title to the house is a "tenancy in common" meaning the estate owns half, and the surviving spouse owns half.

The half that belongs to the estate of your mother will have to be probated.