Estate of Murray

Opinion

RACANELLI, P. J.

In this appeal we must decide whether a probate homestead in community property set aside to the surviving spouse should have been limited to a life estate. We conclude that by virtue of a recent statutory amendment, the homestead should have been so limited. We reverse with directions.

Facts

Decedent and respondent were married January 21, 1961. In 1972, during their marriage, they purchased a single-family home at 1706 El Camino Way, Santa Rosa, taking title in joint tenancy. They lived together in that house until June 13, 1979, when respondent moved out. The decedent…