Legal Definition
“Quasi-community property” means the following property, other than community property as defined in Section 28:
(a) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired by a decedent while domiciled elsewhere that would have been the community property of the decedent and the surviving spouse if the decedent had been domiciled in this state at the time of its acquisition.
(b) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired in exchange for real or personal property, wherever situated, that would have been the community property of the decedent and the surviving spouse if the decedent had been domiciled in this state at the time the property so exchanged was acquired.
Basic Definition
Section 66: “Quasi-community property” means property that would have been community property if the decedent had been domiciled in California at the time of acquisition.
In-Depth Overview and Use Cases
Section 66 outlines “quasi-community property” as property acquired while domiciled outside California but which would have been community property if acquired in California. It includes personal property (wherever situated) and real property situated in the state or exchanged for property that would qualify as community property. Use cases include dividing property during probate for married couples who lived in multiple jurisdictions.
Application & Relevance
This section is particularly relevant for probate attorneys handling cases involving couples who moved to California after acquiring property elsewhere. It provides a framework for treating certain property as quasi-community property, ensuring equitable distribution under California’s community property laws.
Legal Scenario
Trustee Removal, Suspension, Termination, Resignation
Probate Code Impact
In cases where a trustee is removed or suspended, Section 66 could impact the distribution of property if quasi-community property is involved. It helps define which assets are subject to California’s community property laws.
Legal Scenario
Executor & Administrator Breach of Fiduciary Duty
Probate Code Impact
If an executor or administrator mismanages quasi-community property, Section 66 impacts the probate process by ensuring that property acquired outside California but qualifying as quasi-community property is treated equitably. This can be used in breach of fiduciary duty claims.
