Lesson 8

Question 1

Election

Answer 1

A surviving spouse may sometimes be forced to choose between taking under the will of the deceased spouse or choosing to asserts his or her community property rights in the estate.

Question 2

Aggregate Theory

Answer 2

Upon divorce, each spouse is ultimately entitled to one-half of the value of all community property rather than a one-half share in a specific asset characterized as community property.

Question 3

Distribution of Quasi-Community Property

Answer 3

At dissolution or divorce all quasi-community property is
treated as community property. If a non-owner spouse dies, out of state real property is the separate
property of the owner spouse; if the owner spouse dies the non-owner spouse gets a one-half share of the
property. Any quasi-community property which is personal property or California real property is
community property.