redblueyellow wrote:Question for Community Property - Quasi Community Property
H and W are married when domiciled in a non-CP state. H acquires property on his own, so while it would be CP if they were in CA, it's considered separate until death/divorce.
At divorce, the property is treated as CP.
But what happens at death?
From what I understand, the survivor takes 1/2 interest in the decedent's interest in the QCP, whereas decedent has no interest in the survivor's QCP. Does this mean that the surviving spouse has a 1/2 interest total or does the surviving spouse have 3/4 total interest (1/2 of his own QCP + (1/2 of the 1/2 of the decedent's QCP))? That would leave 1/4 remaining to be passed down via a will/intestacy on the decedent's wishes.
Which one is correct?
That sounds too complicated. From what I understand, non-acquiring spouse can't devise the acquiring spouse's QCP, s/he just has mere expectation of receiving it on divorce or death of acquiring spouse. So just treat it as CP even on death until non-acquiring spouse dies first. then the entire QCP doesn't get split 1/2 to the now deceased non-acquiring spouse. But to remember all this, just remember that non-acquiring spouse can't devise QCP assets.
Gah, still confusing to me.
Alright, so if the non-acquiring spouse dies first, then the non-acquiring spouse takes nothing (nothing in will, nothing to transfer away, legit nothing). This makes it 100% SP ownership to the acquiring spouse.
Not sure exactly what happens when the acquiring spouse dies first. The "non-acquiring spouse gets a 1/2 interest interest in the decedent's QCP?" (according to the outline)
What does this mean? If the non-acquiring spouse is taking the 1/2 interest in the *decedent's QCP* then does the end non-acquiring spouse get a total of 3/4 ownership (1/2 is her proportion from QCP + (1/2 of 1/2 of the acquiring spouse's portion)?? If the surviving/non-acquiring spouse only gets 1/2 interest, then where does the other 1/2 go? Is that the acquiring spouse's SP to be devised?