Bye
Bye v. Tran CA6
Opinion
Opinion
Wilson, J.
I. FACTUAL AND PROCEDURAL BACKGROUND
A. Factual Background On July 18, 2014, Crawforth and Griffith entered in a tenancy in common agreement, under which they agreed to each hold a 50 percent interest in their joint residence as tenants in common, subject to all liens and encumbrances. The agreement indicated that in the event of the death of one of the parties, the surviving party would have the right to cause a sale or purchase the interest of the deceased party, with the residence being valued as of the date of death. On November 18, 2014, Crawforth and Tran reached a final agreement in their dissolution of marriage action in court (Santa Clara County Super. Ct. No. 2009-1-FL- 151146). As part of this agreement, Crawforth and Tran agreed that their marital status would be terminated as of December 31, 2014.
2 Although the terms of their agreement was recited on the record in court, Tran later indicated that a written judgment memorializing these terms was never finalized.
2 On January 1, 2015, Crawforth passed away intestate. B. Procedural History 1. Relevant Pleadings On December 8, 2016, Griffith filed a petition requesting to be appointed as administrator of…