California Probate Code

§ 101

PROB § 101 Effective Jan 1, 2017Div. 2 · Part 1

Statute text

(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.

Legislative history

Amended by Stats. 2016, Ch. 50, Sec. 80. (SB 1005) Effective January 1, 2017.