Zeigler v. Bonnell

In Zeigler v. Bonnell (1942) 52 Cal. App. 2d 217, a father and daughter owned real property in joint tenancy when a judgment was secured against the father and the creditor recorded an abstract of judgment. The daughter's right of survivorship preceded the judgment lien and was not affected by the judgment lien. When the father died, the judgment lien terminated and the creditor no longer had any rights in the property. (Zeigler, supra, 52 Cal. App. 2d at p. 220.) The Zeigler court concluded that when a judgment lien attaches to a joint tenant's interest, the creditor has a choice. The creditor can immediately execute and sell the interest of the judgment debtor, severing the joint tenancy. (Zeigler, supra, 52 Cal. App. 2d at p. 221.) Or, the creditor can wait to see if the judgment debtor survives the cotenant, in which case the judgment lien will attach to the entire property. (Ibid.) If the creditor gambles on the judgment debtor's survival, the creditor assumes the risk of losing the lien. (Id. at p. 221-222.)