Victor and Wendy, a married couple, hold their California home as joint tenants. They later file for divorce. Before the divorce is finalized, Victor dies. Under California law, what happens to Victor's interest?
Correct Answer
B) Victor's interest passes to Wendy by right of survivorship because the joint tenancy was not yet severed
Under California law, merely filing for divorce does not automatically sever a joint tenancy. The four unities of joint tenancy remain intact until an affirmative act of severance occurs (such as a conveyance, a court order, or a written agreement). Since no severance occurred before Victor's death, the right of survivorship still applies, and Wendy receives Victor's interest.
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Edward and Fiona, a married couple in California, hold their home as community property. Edward writes in his will that his half goes to his mother, Gloria. Edward also has a $200,000 debt to the IRS. Edward dies. Under California law, what is the order of priority for Edward's community property share?