Smolen v. Smolen

Martin and Roslyn Smolen divorced in 1994 for asset-protection reasons related to Martin's brain tumor, with the divorce decree ordering their Las Vegas residence to remain in joint tenancy; after Roslyn obtained guardianship over Martin without his consent and placed him in a group home against his wishes, his nephew Jason (defendant) helped him get the guardianship revoked, and Martin then deeded his interest in the residence to a trust naming Jason as sole beneficiary. After Martin died, Roslyn (plaintiff) sought to void the deed, arguing the divorce decree's joint tenancy provision implicitly barred severing it, and the district court agreed.