Estate of Croteau v. Croteau

The majority opinion holds that because the Croteaus’ divorce decree did not provide outright for severance of the parties’ joint tenancy, George Croteau retained his right of survivorship in the Bow Street property. I believe that in divorce proceedings such as this, where the divorce decree disposes of jointly held property in a manner inconsistent with an intent to maintain a right of survivorship, we should construe the decree to provide for a severance of the joint tenancy. Accordingly, 1 respectfully dissent.

*184Unlike my colleagues, I do not believe that the language in Mamalis v.…