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News & Press: Court Cases

Joint Tenancy

Tuesday, July 16, 2019  
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Raney v. Cerkueira
Cal.App. 1st Dist. (A152549) 6/14/19

Civil Code Section 683.2(c) provides that a written instrument severing a joint tenancy is not effective to eliminate the other tenant's right of survivorship unless it is recorded before the death of the severing tenant (with one exception not relevant to this case). Family Code Section 2040(b)(3) provides that the standard automatic temporary restraining order binding parties in a pending dissolution proceeding does not restrain one party's elimination of a right of survivorship to property, provided that notice of the change is filed and served on the other party before the change takes effect. The court held that a party who is bound by the automatic temporary restraining order must satisfy both Civil Code Section 683.2(c) and Family Code Section 2040(b)(3) before the severance of a joint tenancy is effective. However, these requirements may be satisfied in any order.

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