Does a husband have a right to dispose of his half interest in a property owned by his wife after he dies?

California, United States of America


The following excerpt is from Droeger v. Friedman, Sloan & Ross, 283 Cal.Rptr. 584, 54 Cal.3d 26, 812 P.2d 931 (Cal. 1991):

[54 Cal.3d 35] In Britton, we distinguished Trimble v. Trimble, supra, 219 Cal. 340, 26 P.2d 477, and Lahaney v. Lahaney, supra, 208 Cal. 323, 281 P. 67, as cases that were concerned with an action by the wife after her husband's death and premised on the theory that at his death, the husband had a right to dispose of his one-half interest in the property. 5

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