(a) Upon the death of a married person, one-half of the
community property belongs to the surviving spouse and the other half
belongs to the decedent.
   (b) Notwithstanding subdivision (a), a husband and wife may agree
in writing to divide their community property on the basis of a non
pro rata division of the aggregate value of the community property or
on the basis of a division of each individual item or asset of
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 community
property.

Section: 100 101 102 103 104 104.5 105 Next

Last modified: July 31, 2008