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California is a community property state. Generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Community property courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise. It is important to note that anything obtained before the marriage, kept separate, and a few other notable exceptions will not be considered community property

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14y ago
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12y ago

Any spouse in California has legal rights that inure to marriage including but not limited to the following: property rights, rights of inheritance, right to make medical decisions for incapacitated spouse, wrongful death compensation, social security benefits, tax benefits, insurance benefits, community property rights, right to a fair division of property and debts in a divorce, spousal support if necessary, Survivor rights, right to military pension, right to child support as necessary, rights of support, each has the duty of good faith toward the other, protection against rape, support while estate is being settled, right to annulment under certain conditions, right not to testify against spouse, protection from creditors of one spouse, etc. A spouse is also entitled to the love and respect of their partner.

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Q: What am I entitled to if I am married and not in my spouse's will in California?
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