Pulliam v. Layton

Roy and Angelina Layton married in 1944, separated in 1973, and divorced in 1983. The interlocutory and final judgments dissolving the marriage did not divide community property, but the interlocutory judgment reserved jurisdiction to do so. The couple held title to the community residence as joint tenants, and Angelina continued to reside in the residence after judgment. Roy died testate in 1992; his will bequeathed his estate to one of the couple’s two children, appellant James L. Layton. No probate was opened. Angelina died testate in 1994; her will bequeathed her estate to the couple’s two children and four children from a prior marriage. Respondent Linda Pulliam, as executor of Angelina’s estate, opened a probate. Thereafter, James, as executor of Roy’s estate, opened a probate. In the respective probate cases, each executor filed a petition under Probate Code section 9860 seeking to establish ownership of the residence. Linda claimed that the property belonged to Angelina’s estate by virtue of joint tenancy survivorship and Roy’s prior death. James claimed that one-half of the property belonged to Roy’s estate by virtue of community property principles. The probate…