California Court of Appeal

Per Probate Code section 5021, a surviving spouse who did not consent to transfers of community property into bank accounts for third persons may enforce his or her community property interest on an asset-by-asset basis, even though he or she is already receiving more than one-half of the total community property.

Appellate Information

• Decided 05/13/2004
• Published 05/13/2004

Judges

•  McCONNELL, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Luce, Forward, Hamilton & Scripps, Charles A. Bird, Mary F. Gillick and Jennifer M. McGibbons, San Diego, for Petitioner and Appellant.


• For Appellees:
  
• Paluso & Sceper and Duane H. Sceper, San Diego, for Objectors and Respondents.