UNTIL DEATH DO US PART: MARITAL PROPERTY CHARACTERIZATION IN THE POSTMORTEM SETTING

By James P. Lamping, Esq.^*

I. INTRODUCTION

The commingling of community and separate property can present significant challenges when assets are to be divided at the end of a marriage. While the bulk of the law on this subject arises from marriages that end in divorce, the division of commingled property at death often receives short shrift. This article analyzes the primary authority on this subject, and discusses the reality that some secondary sources do not necessarily accurately reflect that authority.

II. COMMUNITY AND SEPARATE INTERESTS IN A BUSINESS