Several years back I was retained by a very kind woman for the purpose of obtaining a divorce from her husband. My client and her husband owned their residence as joint tenants, meaning the survivor of the two would receive 100% of the property.
Under current California law if either spouse dies before the divorce is final, and they owned property as joint tenants, and there was no settlement agreement, the survivor takes everything. Most people agree this isn’t right, but that’s the law.
Fearful her husband would have someone try to hurt or kill her, my client instructed me to sever the joint tenancy to the community residence. I advised her that if he died first she would get the whole thing. My client was willing to take her chances and the property was transferred to my client and her husband as tenants in common, meaning each could dispose of their half of the property any way they wanted.
As luck would have it, my client’s husband died suddenly. However, she still felt she had done the right thing.
It is also important for everyone getting a divorce to have, at a minimum, a new will, durable power of attorney and advance health care directive prepared. Failure to do so could result in the soon-to-be ex-spouse having control over you and your property in the event of your death or incapacity.
Actions have consequences. So does inaction.
Jeff Busch's Family Law Blog 