California Probate Code §28. "Community property" means:
(a) Community property heretofore or hereafter acquired during marriage by a married person while domiciled in this state. (b) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired during the marriage by a married person while domiciled elsewhere, that is community property, or a substantially equivalent type of marital property, under the laws of the place where the acquiring spouse was domiciled at the time of its acquisition.
(c) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired during the marriage by a married person in exchange for real or personal property, wherever situated, that is community property, or a substantially equivalent type of marital property, under the laws of the place where the acquiring spouse was domiciled at the time the property so exchanged was acquired.
That code deals with a lot of legalese in regards to if you were married and lived in a Community Property State. You then sold your assets(Personal Property) and moved to a Non-Community Property State. While living there you buy a home with the proceeds from the Community Property sold in Calif. That portion upon your divorce or death in a Non Community State would still be devided as Community Property.
The mistake I made in my postings was in calling SEPARATE PROPERTY (Personal Property)
See defination below:
California Community Property Law:
1) What is community property?
California law defines community property as any asset acquired or income earned by a married person while living with his or her spouse.
Separate property is defined as anything acquired by a spouse before the marriage, or during the marriage by gift, devise or bequest.
The law requires that the community estate be divided equally if there is no written agreement to the contrary.
This means that from the total fair market value of the community assets, the joint obligations of the parties are subtracted, yielding the net community estate. Unless agreed otherwise, each spouse must receive ½ of the net community estate.
California Community Property
Scott gifted Laci her wedding rings so therefore they are her Separate Property
The only thing we know for sure is if Scott is convicted of killing Laci, he will have no right to any of the property that was Laci's share.
If he is not convicted without knowing what their Will says we don't know who she bequeathed her Separate Property to. In the absence of a Will and he is not convicted, I believe it all goes to him.