Santa Clara County Dept. of Child Support Services v. Wright CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

In February 2011, the Department initiated the underlying title IV-D action2 to establish child support for Wright’s minor child (with a woman other than Sarabia). Wright and Sarabia married in April 2011. At the time of their marriage, Wright owned, as his separate property, real property located in Los Angeles County (Los Angeles Property), titled in his name alone as a single man. In August 2011, the Department obtained a default judgment against Wright, requiring him to pay child support at $370 per month. It recorded a notice of support

1 “Joint tenants in common” is the verbatim description contained in the grant deed signed by Wright. We note that persons may hold property as joint tenants, or as tenants in common, but cannot hold title as “joint tenants in common.” (See Civ. Code, § 682 [“The ownership of property by several persons is either: [¶] (a) Of joint interest. [¶] (b) Of partnership interests. [¶] (c) Of interests in common. [¶] (d) Of community interest of spouses.”) However, because the nature of Sarabia’s interest in the property during their marriage is not dispositive of her claims here, we do not resolve the legal…