Amended Petition to Determine Succession to Primary Residence
CASE NUMBER: 26PB-0033448 This matter is on calendar for hearing on an amended Petition to Determine Succession to Primary Residence. The matter has been properly noticed with proof of service on file. No objections have been raised. The Petition seeks to transfer the decedent’s 50% property interest to the Petitioner. The Petition states that even though title was held as joint tenants (without right of survivorship), the home is community property because the parties were married prior to the decedent’s death and Petitioner is therefore entitled to 100% interest.
It is presumed that property acquired by a married person while domiciled in the State of California is community property. Family Code Section 760. Evidence Code section 662 provides that the owner of the legal title to property is presumed to be the owner of the full beneficial title. This presumption may be rebutted only by clear and convincing proof. Here, no facts have been provided to support application of the community property presumption or to overcome the presumption of title. No assignments have been filed by the remaining heirs to assign their interest in the decedent’s separate property to Petitioner.
The matter is continued to Monday, September 14, 2026, at 2:30 p.m. in Department 44 for further proceedings on the amended Petition to Determine Succession to Primary Residence. A supplemental declaration is required to address application of Family Code Section 760 and Evidence Code 662. No appearance is necessary on today’s calendar.
ESTATE OF DONAL DIAZ
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