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The Distribution of Assets and Debts on Death

Learn how separate property and community property are distributed upon a spouse’s death.

Transcript

The death of a spouse ends a marriage. And just as when a marriage ends in dissolution, property must be divided. Recall that during marriage, each spouse owns his or her separate property plus a half interest in all community property. In the event of death, it’s necessary to determine which of the decedent’s property passes to the surviving spouse and which property passes to third parties. The rules governing such a determination come from the Family Code, the Probate Code, and caselaw.

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Lessons

1. Welcome to California Community Property
  • Welcome to California Community Property
2. Property in the Marriage Context
  • Creation of the Marital Economic Community
  • Community Property Versus Separate Property
  • The Characterization Process
3. Characterizing Property
  • Work-Related Compensation
  • Business Interests
  • Other Personal Property
  • The Marital Home
  • Title Forms for Real Property
4. Management, Control, and Liability
  • Management and Control of Personal Property
  • Management and Control of Real Property
  • Fiduciary Duties
  • Liability for Debts
5. Modifying Rules by Agreement
  • Premarital Agreements
  • Defenses to Premarital Agreements
  • Transmutation Agreements
6. Distribution on Dissolution or Death
  • The Dissolution Process
  • The Impact of Separation
  • The Distribution of Assets and Debts on Dissolution
  • Spousal and Child Support
  • The Distribution of Assets and Debts on Death
7. Nonmarital Relationships Affecting Property
  • Registered Domestic Partnerships
  • Void and Voidable Marriages
  • Marvin Relationships