Except as provided by Section 224, if spouses die leaving community or quasi-community property and it cannot be established by clear and convincing evidence that one spouse survived the other:

(a) One-half of the community property and one-half of the quasi-community property shall be administered or distributed, or otherwise dealt with, as if one spouse had survived and as if that one-half belonged to that spouse.

Terms Used In California Probate Code 103

  • Community property: means :

    California Probate Code 28

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
  • Quasi-community property: means the following property, other than community property as defined in Section 28:

    California Probate Code 66

  • Spouse: includes domestic partner, as defined in Section 37 of this code, as required by §. See California Probate Code 72

(b) The other one-half of the community property and the other one-half of the quasi-community property shall be administered or distributed, or otherwise dealt with, as if the other spouse had survived and as if that one-half belonged to that spouse.

(Amended by Stats. 2016, Ch. 50, Sec. 81. (SB 1005) Effective January 1, 2017.)