Dorn v. Solomon

In Dorn v. Solomon (1997) 57 Cal.App.4th 650, a married couple took title to their family home as "'husband and wife, as joint tenants.'" (Id. at p. 651.) The wife subsequently moved out. While in the hospital dying from cancer, the wife executed a deed conveying the home to an irrevocable trust. The wife's purpose in so doing was to enable her to transfer her interest in the home to her daughter from a prior marriage. The wife died the day after executing the deed. Over a month later, the deed was recorded. (Id. at p. 652.) Section 683.2 permits unilateral severance of a joint tenancy if a deed conveying legal title of the joint tenant's interest to a third party is recorded within seven days of the death of the severing joint tenant. ( 683.2, subd. (a)(1) and (c)(2).) But because the wife's deed was not recorded within that time period, "it was invalid under section 683.2" and thus did not sever the joint tenancy. (Id. at p. 653.) Consequently, title to the home passed to the husband by right of survivorship.