2012 California Codes
PROB - Probate Code
DIVISION 2 - GENERAL PROVISIONS [100 - 859]
PART 1 - EFFECT OF DEATH OF MARRIED PERSON ON COMMUNITY AND QUASI-COMMUNITY PROPERTY
Section 100
(a) Upon the death of a married person, one-half of the community property belongs to the surviving spouse and the other half belongs to the decedent.
(b) Notwithstanding subdivision (a), a husband and wife may agree in writing to divide their community property on the basis of a non pro rata division of the aggregate value of the community property or on the basis of a division of each individual item or asset of community property, or partly on each basis. Nothing in this subdivision shall be construed to require this written agreement in order to permit or recognize a non pro rata division of community property.
(Amended by Stats. 1998, Ch. 682, Sec. 2. Effective January 1, 1999.)
Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
