California, United States of America
The following excerpt is from Bray's Estate, In re, 230 Cal.App.2d 136, 40 Cal.Rptr. 750 (Cal. App. 1964):
There was some evidence received, over objection of appellant, that decedent had established joint tenancies with appellant during his lifetime, and that upon decedent's death appellant had received at least one-half of all property in which decedent had an interest at the time of his death. This evidence was immaterial to a resolution of the issue of whether a valuable consideration had been given for the creation of the joint tenancy bank account and the joint tenancies in the bonds. A wife has a vested interest in all of the community property and her interest extends to every part and parcel of the community property estate. The husband during the lifetime of the parties may not give away any portion of it. In Dargie v. Patterson, 176 Cal. 714, 721, 169 P. 360, 362, the court said: '* * * upon the death of a husband who has attempted to convey community property contrary to the provisions of section 172, his nonconsenting wife may recover an undivided one-half of such property in an action brought against the grantee, and this without regard to the amount or condition of the estate remaining in his hands at the time of his death.'
Page 754
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.