CALIFORNIA PROBATE CODE
NONPROBATE TRANSFER TO FORMER SPOUSE
Probate Code Section 5601
(a) Except as provided in subdivision (b), a
joint tenancy between the decedent and the decedent's former spouse, created before
or during the marriage, is
severed as to the decedent's interest
if, at the time of the decedent's death, the former spouse is
not the decedent's surviving spouse as defined in Section 78, as a result of the dissolution or annulment
of the marriage. A judgment of legal separation that does not terminate
the status of husband and wife is not a dissolution for purposes of this section.
(b) Subdivision (a) does not sever a joint tenancy in either of the following cases:
(1) The joint tenancy is not subject to severance by the decedent at the
time of the decedent's death.
There is clear and convincing evidence that the decedent intended to preserve
the joint tenancy in favor of the former spouse.
(c) Nothing in this section affects the rights of a subsequent purchaser
or encumbrancer for value in good faith who relies on an apparent severance
under this section or who lacks knowledge of a severance under this section.
(d) For purposes of this section, property held in "joint tenancy"
includes property held as community property with right of survivorship,
as described in Section 682.1 of the Civil Code.