Raney v. Cerkueira

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Wife moved out of the couple's joint tenancy property and sought dissolution of marriage. The summons included an automatic Family Code section 2040 order, prohibiting the parties from transferring property without the other party's written consent or court order. "Before .... a right of survivorship to property can be eliminated, notice of the change must be filed and served on the other party.” WIfe subsequently created a Trust, naming Raney, as the trustee and the sole beneficiary upon her death. Wife recorded a Deed, stating that she severed the joint tenancy pursuant to Civil Code 683.2; it transferred her interest to Raney, as trustee. Wife notified Husband that she had terminated the joint tenancy. Raney, as trustee, sought partition by sale. Meanwhile, Wife died. The court of appeal affirmed that severance of the joint tenancy substantially complied with the notice requirement but that the transfer to the Trust violated the automatic restraining order. It reformed the Deed to severing the joint tenancy only, concluding that Raney, as personal representative of Wife's estate, is the owner of an undivided one-half interest and entitled to an order of partition by sale. Parties to pending dissolution proceedings are restrained from unilaterally eliminating a right of survivorship unless, in addition to the general. When the Partition Complaint was filed and served on Husband, Wife’s severance of the joint tenancy became effective to eliminate the right of survivorship. When WIfe died, her tenancy in common interest was her separate property and became part of her estate. View "Raney v. Cerkueira" on Justia Law