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  1. #1
    Join Date
    Jan 2008
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    1

    Default California Cohabitants And Community Property

    Parents reside in California and was never married. Both own a home with both names on the title, but neither has a will. If one of them dies does the other receive sole owernership of the home, or is the deceased portion granted to their surviving children?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: California Cohabitants And Community Property

    If the property is titled to them as joint tenants with a right of survivorship, or as community property with right of survivorship, as is usually the case, the surviving spouse receives the home. If not, the surviving spouse normally gets one half of the deceased spouse's share of community property and the remaining community or separate property of the deceased spouse is distributed in accord with the laws of intestate succession.

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