As a general rule, the death of one of the spouses abates a cause of action for dissolution. However, it does not deprive the court of jurisdiction it has retained to determine collateral property rights if the court has previously rendered a judgment dissolving the marriage.
According to Family Code section 2581, presumptively applies to the division of property held by the parties in joint form if a former spouse dies after entry of bifurcated judgment dissolving the parties' marital status and reserving property issues for later adjudication.
In contrast, if a spouse dies during the pendency of a dissolution proceeding but before a judgment dissolution is entered, FC 2581 does not apply. Instead, the property will pass by operation of law to the survivor. Marriage of Hilke (1992) 4 C4th 215.
For example, if a person holds real property held in joint tenancy with his or her spouse that is subject to division as a community property on marital dissolution may sever the joint tenancy without violating the automatic temporary restraining orders on the back of the family law summons.
If you are in need of an Orange County divorce lawyer, contact the Law Offices of David P. Schwarz for more information.
