Prob. Code, § 101 · Part 1. EFFECT OF DEATH OF MARRIED PERSON ON COMMUNITY AND QUASI-COMMUNITY PROPERTY
Prob. Code, § 101
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
Notes and commentary — not statutory text
History
Amended by Stats. 2016, Ch. 50, Sec. 80. (SB 1005) Effective January 1, 2017.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=101.
- Text hash
- sha256 910a0123e3d6e1e27e2950d9a347a8318ca478e026981d0130174115414745f7
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Cited by 14 provisions
Provisions in this library whose text cites Prob. Code, § 101. Each shows the citation as that text prints it.
Probate Code
- Prob. Code, § 102Printed as Section 101
- Prob. Code, § 104.5Printed as Sections 100 and 101
- Prob. Code, § 250Printed as Section 101 or 102
- Prob. Code, § 6101Printed as Section 101
- Prob. Code, § 6401Printed as Section 101
- Prob. Code, § 13502Printed as Section 101
- Prob. Code, § 13503Printed as Section 101
- Prob. Code, § 13551Printed as Sections 100 and 101
- Prob. Code, § 13560Printed as Section 101
- Prob. Code, § 13650Printed as Section 100 or 101
- Prob. Code, § 13651Printed as Section 100 or 101
- Prob. Code, § 13656Printed as Section 100 or 101
- Prob. Code, § 13657Printed as Section 100 or 101
- Prob. Code, § 21610Printed as Section 101
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.