Court Opinions

State Laws

US Code

US Constitution

California Probate Code Section 101

Legal Research Home > California Lawyer > Probate Code > California Probate Code Section 101

(a) Upon the death of a married person domiciled in this
state, one-half of the decedent's quasi-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 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.

Last modified: January 12, 2009