Trusts and Estates

Ca. Trs. & Estates Quarterly 2015, Volume 21, Issue 4

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

Join CLA to access this page

Join

Log in

Forgot Password

Enter the email associated with you account. You will then receive a link in your inbox to reset your password.

Personal Information

Select Section(s)

CLA Membership is $99 and includes one section. Additional sections are $99 each.

Payment