Raney
Raney v. Cerkueira
Opinion
Lead Opinion
Simons, J.
*315 Civil Code section 683.2, subdivision (c), provides that a written instrument severing a joint tenancy is not effective to eliminate the other tenant's right of survivorship unless it is recorded before the death of the severing tenant (with one exception not relevant here). Family Code section 2040, subdivision (b)(3) (hereafter, section 2040(b)(3) ) 1 provides that the standard automatic temporary restraining order binding parties in a pending dissolution proceeding (see § 2040, subd. (a) ) does not restrain one party's "[e]limination of a right of survivorship to property, provided that notice of the change is filed and served on the other party before the change takes effect." In the published portion of this opinion, we conclude that a party who is bound by the automatic temporary restraining order must satisfy both the generally-applicable Civil Code requirements and section 2040(b)(3)'s notice requirement before the severance of a joint tenancy with the other party is effective to eliminate the right of survivorship. However, these requirements may be satisfied in any order. Therefore, if a party records a joint tenancy severance in compliance with Civil Code section…