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Surviving Spouse’s Rights to Community Property

When one spouse dies, the surviving spouse is entitled to one-half of the community outright, as his or her own property.

The other half of the community is subject to the testamentary disposition by the decedent.

If the decedent does not dispose of his or her half of the community by will, that half of the property passes to the surviving spouse by intestate succession even if a divorce is pending.

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