Ruddell

In an action for divorce defendant and cross-complainant wife was awarded an interlocutory decree in which it was adjudged that certain real property “. . . shall remain in joint tenancy, with the right of defendant and cross-complainant to reside therein; provided, however, that the defendant and cross-complainant shall have a lien in the amount of $3,500.00 upon the interest of the plaintiff and cross-defendant in■ said joint tenancy.” (Followed by a description of the property in question.) Plaintiff and cross-defendant husband has appealed from the judgment and demands a reversal on several grounds, one of which is that the court was without power to impress a lien in favor of defendant against plaintiff’s share of the separate property of the parties. In a matrimonial dispute resulting in a decree of divorce in favor of one of the parties, the court is without power to assign the separate property of one spouse to the other. (Fox v. Fox, 18 Cal.2d 645 [ 117 P.2d 325 ].) The power of a court to assign property upon the dissolution of a valid marriage does not extend to interests held in joint tenancy. (Turknette v. Turknette, 100 Cal.App.2d 271 [ 223 P.2d 495 ].)

If, after a…