California Probate Code

§ 11444

PROB § 11444 Effective Jan 1, 2002Div. 7 · Part 9 · Ch. 3

Statute text

(a)The personal representative and the surviving spouse may provide for allocation by agreement and, on a determination by the court that the agreement substantially protects the rights of interested persons, the allocation provided in the agreement shall be ordered by the court.

(b)In the absence of an agreement, each debt subject to allocation shall first be characterized by the court as separate or community, in accordance with the laws of the state applicable to marital dissolution proceedings. Following that characterization, the debt or debts shall be allocated as follows:

(1)Separate debts of either spouse shall be allocated to that spouse’s separate property assets, and community debts shall be allocated to the spouses’ community property assets.

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Legislative history

Amended by Stats. 2001, Ch. 72, Sec. 1. Effective January 1, 2002.