I must agree with you. Laci and Scott owned that house and the property in joint tenancy as part of their community property. Laci's interest in that property is vacated and it becomes Scott's at the moment of her death. However, there is one caveat that must be considered... and I am not certain how it affects this case. In California a convicted murdered is not permitted to inherit any of his victim's property. At this point in time, Scott has not been convicted so the property MUST, by law, be his. When and if he IS convicted, he cannot inherit. But this property was held in joint tenancy... and the laws of inheritance may not apply.
This brings up interesting questions. Can Scott convert the joint assets and utilize the funds in his defense? If his defense costs are such that his assets are completely exhausted and he is still convicted, it would mean that Laci's assets were used to defend her killer... and her heirs, her parents and siblings, would be left with nothing. Does the court freeze the joing assets? Can Scott only spend half of the assets on his defense?
According to a Stewart Title Co. spokesman, it is virtually impossible to get title insurance on the home as it stands now. So conveying, liening or transfering the house is out. Unless he finds a party who is not worried about the cloud of title.
Title companies look at the cause of death on the Death Certificate and if there is a question with regard to the surviving spouse they refuse to issue title insurance until the matter is resolved, according to the spokesman.