Legal Question in Family Law in California

Divorce property settlement

My wife and I were divorced in 1992. The divorce was bifurcated and the property settlement was never done, because she never wanted to deal with it. There are two houses involved. One is owned as joint tenants, and the other as tenants in common. The marriage, divorce, and properties are all in California. She now has terminal cancer. If she passes away without doing the property settlement, what will happen to the ownership of the property? I am trying to get her to do a Living Trust for the children.


Asked on 2/22/09, 6:05 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Divorce property settlement

You should consult with an attorney. The general rule is that property held in joint tenancy passes by operation to the surviving joint tenant(s). Property held as tenants in common does not automatically pass to the survivor. However, your particular circumstances need to be taken into consider.

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Answered on 3/01/09, 8:18 pm


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