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California Family Law Prac & Proc 2nd ed.
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

1-25 California Family Law Prac & Proc 2d ed. 25.syn


Succession to Marital Property


Kathryn Kirkland, Diana Richmond, Stephen James Wagner, and Ira Lurvey.

Chapter Summary


Chapter 25 discusses the legal effect of the death of a spouse on the surviving spouse's rights regarding the community property and the deceased spouse's separate property.

The chapter also covers the testamentary disposition of separate property, and intestate succession to separate property. It discusses the effect of marital dissolution, nullity, and legal separation on the surviving spouse's right to inherit the separate property of the decedent spouse, as well as the effect of homicide on the surviving spouse's rights.

Chapter 25 addresses the rights of the surviving spouse in the community estate. It explains the rules governing intestate succession on the surviving spouse's death, and the rights of a surviving spouse who is omitted from a will.

The chapter concludes by explaining the statutory provisions governing non-probate transfers of community property that are intended to become effective on the transferor's death. It addresses consent issues that arise in connection with such transfers, including the effect of a spouse's non-consent to a transfer.

California Family Law Practice and Procedure guides practitioners through California's procedural and substantive law with respect to a wide range of family law matters including marital dissolution, adoption, paternity, and unmarried cohabitation. It provides a "one-stop" resource for all issues that arise in the family law context, providing answers for both the litigation and transactional aspects of this complex practice area. It guides the practitioner through clear, in-depth treatment of issues, practice tips, form instructions, illustrative forms, and citation to current authority.


California family law,testamentary disposition of separate property,testamentary disposition of community property,deceased spouse,surviving spouse,intestate succession,marital property,nonprobate transfers,community property,separate property


Chapter 20 provides a general discussion of the characterization of property and its division on termination of marriage.

Chapter 21 analyzes the characterization and division of specific assets.

Chapter 22 discusses the valuation of property.

Chapter 23 discusses the community estate's liability for debts, and related division and reimbursement issues.

Chapter 24 discusses the management and control of community property.

Chapters 201 and 210 provide forms for premarital and interspousal agreements.


California Community Property with Tax Analysis (Matthew Bender) explains community property concepts and provides expert tax advice.

California Family Law Litigation Guide (Matthew Bender) provides a valuable reference for handling community property issues that arise in judicial proceedings.

For guidance through every state of a family law proceeding from initial client contact through modification and enforcement, see Family Law & Practice (Matthew Bender).

See California Forms of Pleading and Practice (Matthew Bender)for detailed analysis of the law, plus timesaving forms, checklists and research guides. It covers all aspects of procedure in civil actions and proceedings.

See Complex Issues in California Family Law (Matthew Bender) for authoritative analysis of difficult issues in family law, complete with sample forms, letters, agreements, and proposals for change.
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