California Probate Code

§ 102

PROB § 102Div. 2 · Part 1

Statute text

(a)The decedent’s surviving spouse may require the transferee of property in which the surviving spouse had an expectancy under Section 101 at the time of the transfer to restore to the decedent’s estate one-half of the property if the transferee retains the property or, if not, one-half of its proceeds or, if none, one-half of its value at the time of transfer, if all of the following requirements are satisfied:

(1)The decedent died domiciled in this state.

(2)The decedent made a transfer of the property to a person other than the surviving spouse without receiving in exchange a consideration of substantial value and without the written consent or joinder of the surviving spouse.

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Legislative history

Enacted by Stats. 1990, Ch. 79.