LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeProbate CodeDiv. 2Pt. 1§ 101 Quasi-Community Property Division

§ 101 Quasi-Community Property Division

Probate Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 101 Quasi-Community Property Division

When a married person or someone in a registered domestic partnership dies, half of their quasi‑community property goes to the surviving spouse and the other half stays with the deceased’s estate.

Key Takeaways

  • •Half of the quasi‑community property automatically goes to the surviving spouse.
  • •The other half stays with the deceased’s estate.
  • •Spouses can sign a written agreement to split the property in a different way, but they don’t have to.

Example

A couple lives in the state and owns a house worth $300,000 and a car worth $20,000. Both are considered quasi‑community property.

When one spouse dies, the surviving spouse automatically gets half of the total $320,000 value ($160,000). The other half ($160,000) stays with the deceased’s estate unless the couple had a written agreement to split it differently.

How to Calculate

Spouse share = (Total quasi‑community property) × ½

  1. Add up the value of all quasi‑community property (e.g., house + car).
  2. Multiply the total by 0.5 (or divide by 2) to get the spouse’s share.
  3. The remaining half stays with the deceased’s estate.

Same couple as above.

Result: Spouse share = $320,000 × ½ = $160,000

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 101 Quasi-Community Property Division

(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. (Amended by Stats. 2016, Ch. 50, Sec. 80. (SB 1005) Effective January 1, 2017.)

Last verified: January 11, 2026

Key Terms

quasi-community propertynon pro rata divisionsurviving spouseregistered domestic partnership

Related Statutes

  • § 100 Community Property Division Rules
  • § 102 Spousal Property Restoration Rights
  • § 103 Spousal Property After Simultaneous Death
  • § 330 Early Delivery Of Decedent Property
  • § 66 Quasi-Community Property Definition

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Probate Code. Section 101.
View Official Source