What happens to community property when one spouse dies in California?

What happens to community property when one spouse dies in California?

California is a community property state. Upon one partner’s death, the surviving spouse is entitled to one-half of the community property. If there is no will or trust, then surviving spouses may also inherit the other half of the community property, and take up to one-half of the deceased spouse’s separate property.

Is an inheritance considered a marital asset?

Generally, inheritances are not subject to equitable distribution because, by law, inheritances are not considered marital property. Instead, inheritances are treated as separate property belonging to the person who received the inheritance, and therefore may not be divided between the parties in a divorce.

What constitutes infidelity in a divorce?

Adultery is when a spouse has a sexual relationship outside the marriage. Some states still require one spouse to allege fault, or that one spouse has acted in a way that justifies a divorce. In states where fault is required or allowed, adultery can be the reason for your divorce.