Code Section

Probate Code - PROB

DIVISION 2. GENERAL PROVISIONS [100 - 890]

  ( Division 2 enacted by Stats. 1990, Ch. 79. )
  

PART 1. EFFECT OF DEATH OF MARRIED PERSON ON COMMUNITY AND QUASI-COMMUNITY PROPERTY [100 - 105]

  ( Part 1 enacted by Stats. 1990, Ch. 79. )
  
103.  

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.

(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.)