When a final decree of divorce does not adjudicate the rights of the parties to a certificate of insurance and does not attempt to dispose of the certificate, can the parties remain tenants in common?

California, United States of America


The following excerpt is from Lewis v. Superior Court, 144 Cal.Rptr. 1, 77 Cal.App.3d 844 (Cal. App. 1978):

[77 Cal.App.3d 849] In 1936 the court of appeal held that when a final decree of divorce did not adjudicate the rights of the parties to a certificate of insurance and did not attempt to dispose of the certificate, the parties remained tenants in common and a subsequent suit was available to the parties. (McBride v. McBride (1936) 11 Cal.App.2d 521, 523, 54 P.2d 480.) The court did not state whether the divorce decree had divided or disposed of any other community property. (Id. at p. 523, 54 P.2d 480.)

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