California Probate Code

§ 5042

PROB § 5042 Effective Jan 1, 2017Div. 5 · Part 1 · Ch. 3

Statute text

(a)Except as provided in subdivision (b), a joint tenancy between the decedent and the decedent’s former spouse, created before or during the marriage or registered domestic partnership, is severed as to the decedent’s interest if, at the time of the decedent’s death, the former spouse is not the decedent’s surviving spouse as defined in Section 78, as a result of the dissolution or annulment of the marriage or registered domestic partnership. A judgment of legal separation that does not terminate the status of spouses is not a dissolution for purposes of this section.

(b)Subdivision (a) does not sever a joint tenancy in either of the following cases:

(1)The joint tenancy is not subject to severance by the decedent at the time of the decedent’s death.

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Legislative history

Amended by Stats. 2016, Ch. 50, Sec. 84. (SB 1005) Effective January 1, 2017.