Asvitt v. Gangamie

Jacqueline Asvitt, the former wife of the decedent, Clyde J. Asvitt, appeals from a judgment decreeing that pursuant to their property settlement on dissolution, she and the testator held the family home as tenants in common and not as joint tenants and, therefore, his interest in the home passed to Florisca M. Gangamie, an unrelated person who was the sole beneficiary and named executrix of his will. The former wife contends that: 1) there was no proof of intent to sever joint tenancy in the family home; 2) the presumption of joint tenancy was not rebutted; and 3) the joint tenancy could not be terminated by the subsequent property settlement agreement on dissolution. For the reasons set forth below, we have concluded that the judgment must be affirmed.

The record reveals the following pertinent facts: Jacqueline and Clyde were married in 1953; their two children, David and Darcy, were bom in 1955 and 1957, respectively. The family home at 1850 Vining Drive, San Leandro was acquired in joint tenancy by a grant deed dated January 24, 1957. The interlocutory decree of dissolution dated 1971 became final in 1972. The parties executed a property settlement agreement, which…