Unless there was something in writing about the house, after divorce, the divorce likely caused a severance in the joint tenancy. See California probate code 5601. If the will was written after divorce it may rebut this severance but it's a potential problem. This means your ex-husband's half of the property may technically go to his next of kin. You should look into this to make sure you have good title as this could become a problem later on for you or your loved ones after you die. To clarify, his will, if done during marriage is invalid as to gifts to you. That's why I indicate the issue of when the will is written is really a big deal. You have a bit of a loaded case I believe. I encourage you to find an experienced probate attorney to walk through the case with. Good luck. -John
Answered on Mar 24th, 2015 at 8:46 AM