Perez v. Pogge

McGIVERIN, Justice.

Maria Sanchez Perez appeals from the dismissal of her petition seeking a share in real property as surviving spouse of Victor Perez. § 633.211(1), The Code 1979. We affirm the dismissal because we conclude that Maria may not claim the share of a surviving spouse in property purchased by her husband in joint tenancy with another person.

Maria’s petition was in equity and therefore our review is de novo. Iowa R.App.P. 4. The facts are virtually undisputed. Maria married Victor in Texas in 1927. They had several children, four of whom survived Victor. In 1964, while the family…