Legal Question in Wills and Trusts in California
Does Dissolution of Marriage automatically effect Severance of Joint Tenancy in California?
Asked on 8/16/17, 10:14 am
2 Answers from Attorneys
Michele Cusack
Pollak & Cusack
that's a good question... you should ask in Family Law.
Answered on 8/18/17, 1:57 pm
The answer to your direct question is absolutely not. Dissolution of marriage does very little automatically as far as assets and debts. It definitely does not sever a joint tenancy. The property held in joint tenancy should have been addressed in the dissolution proceeding. If it was not, the case should be reopened to determine who gets that asset, or how it should be divided, by sale and distribution of the proceeds, one buying out the other, or some other determination by settlement or court order.
Answered on 8/18/17, 8:44 pm
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