Atherley v. Atherley

Annette Atherley (hereafter “Annette”) appeals from determination of heirship in the estate of Harold Atherley (hereafter “Harold”). Harold died intestate September 2, 1969. Annette and Ruth Atherley (hereafter “Ruth”) both filed for determination of heirship as the surviving spouse of Harold. Ruth was determined the surviving spouse. The community property was ordered distributed to Ruth, and Harold’s separate property was ordered distributed one-third to her and two-thirds to her children. Annette was awarded her separate property, a putative one-half interest in certain property, and a joint tenancy survivorship interest in other property.

Pertinent Facts

Harold and Ruth were married in 1933; Harold and Annette met in 1945. In 1947 Harold left Ruth for Annette, and they lived together until Harold’s death in 1969. As described below, in 1961 Harold divorced Ruth, ex parte, in Juarez, Mexico. The next year Harold and Annette were married in Reno, Nevada. Harold and Ruth had two children; Harold and Annette had no children. At all times, Harold, Ruth and Annette were domiciled in California.

After living in Santa Cruz approximately a year, Harold and Annette moved to…