Wife's OK Needed to Alter Her Right of Survivorship

Question:  My husband and I own our Glendale home as community property with right of survivorship. We have been having marital problems and recently separated. I am still living in the home with the children, and I want us to get back together. My husband is very angry, however and told me that he has made a new will giving all of his assets to his parents. My understanding of community property with right of survivorship is that, if my husband dies before me, I will be the owner of our home. Am I correct? Or does my husband’s will mean that, if my husband dies before me, I will be the joint owner of our home with his parents?

Answer:  The written consent of both spouses is required to transfer any interest in property held as community property with right of survivorship. You did not give written consent. So, if the title to your home is held as community property with right of survivorship, you will be the sole owner of the home upon your husband’s death. Your husband’s will giving all of his assets to his parents should have no effect on the title to your home.