Quasi-CP at Death

Quasi-community property (QCP) refers to property acquired by one spouse during marriage while living in a non-community property state. Upon the death of one spouse, the surviving spouse is entitled to half of the decedent's QCP, and they can challenge any lifetime transfers of QCP that were made without their consent if the decedent maintained control over that property.

John and Mary were married and lived in a non-community property state. During their marriage, John acquired a vacation home in his name only, which is considered quasi-community property. After John's death, Mary claims her half of the vacation home, and since John transferred it to a friend without her consent, she successfully restores her interest in the property. Mary receives half of the vacation home.

Surviving spouses get half of the QCP, and can reclaim what was transferred without their say-so!

Exams may present scenarios where a spouse has transferred property without consent, leading students to overlook the requirement of control by the decedent when determining if the transfer can be restored.

Questions often involve fact patterns where a spouse has died, and students must analyze the nature of property transfers and the surviving spouse's rights to QCP.