Legal Definition
(a) Upon the death of a person who is married or in a registered domestic partnership, and is domiciled in this state, one-half of the decedent’s quasi-community property belongs to the surviving spouse and the other one-half belongs to the decedent.
(b) Notwithstanding subdivision (a), spouses may agree in writing to divide their quasi-community property on the basis of a non pro rata division of the aggregate value of the quasi-community property, or on the basis of a division of each individual item or asset of quasi-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 quasi-community property.
Basic Definition
Section 101: This section governs the division of quasi-community property when a married or registered domestic partner dies. One-half of the property belongs to the surviving spouse, and the other half belongs to the decedent.
In-Depth Overview and Use Cases
Section 101 outlines how quasi-community property is divided upon the death of a married individual domiciled in California. Quasi-community property refers to assets acquired while domiciled in another state that would have been considered community property if acquired in California. For instance, spouses can agree in writing to divide property unequally through a prenuptial agreement. Use cases include probate disputes where surviving spouses contest the division of quasi-community property or agreements altering division terms.
Application & Relevance
Probate attorneys rely on Section 101 when advising clients on property division or litigating disputes over quasi-community property. It is particularly relevant in cases where no written agreements exist, requiring courts to adhere to the statutory division. This code ensures clarity in property rights for surviving spouses.
Legal Scenario
Estate & Probate Administration
Probate Code Impact
Section 101 governs the division of quasi-community property after the death of a spouse. If the decedent owned property that would have been community property if acquired in California, this section determines how it will be divided, generally giving half to the surviving spouse. This can lead to disputes in probate administration, especially if the surviving spouse disagrees with the division.
Legal Scenario
Executor & Administrator Breach of Fiduciary Duty
Probate Code Impact
Section 101 impacts executor duties when handling quasi-community property. Executors may face claims of breaching their fiduciary duties if they mismanage property division, particularly if no written agreements between spouses existed to alter the statutory division. Executors must ensure proper distribution of these assets as dictated by this section.
