Detailed answer — how California law treats an unfinished divorce

California treats marital status as determined by final court action. If no final judgment of dissolution (divorce) was entered before the person’s death, the couple remains married in the eyes of the law. That single fact controls many of the estate outcomes below.

1. Surviving spouse status

Until a divorce is final, the parties remain husband and wife. That means the “estranged spouse” is the legal spouse and will be treated as such for purposes of intestate succession, community property rules, and probate protections. For general code references, see the California Family Code and Probate Code on the California Legislative Information site: California Family Code and California Probate Code.

2. Community property and ownership

California is a community property state. While spouses are married, community property owned by either spouse is split 50/50 as a matter of law. When one spouse dies, the deceased spouse’s half of the community property is part of the decedent’s estate and passes under the decedent’s will or intestacy rules. The surviving spouse still owns his or her half outright. That means an estranged but legally married spouse will generally retain at least the surviving spouse’s half of community property.

3. Intestate succession if there is no valid will

If the decedent died without a valid will, intestate succession rules determine who inherits the decedent’s estate. A surviving spouse usually inherits a substantial portion (or all) of the intestate estate depending on whether the decedent had children or other issue. Probate rules determine the precise share; see the California Probate Code for intestacy provisions: California Probate Code (Intestate Succession).

4. Probate protections available to a surviving spouse

Even if the decedent left a will that disinherits the spouse, California law provides statutory protections for a surviving spouse, including:

• Right to possession of certain exempt property and household items;
• Family allowance or temporary support during probate to provide for living expenses;
• Homestead allowance in some circumstances, which protects a portion of the decedent’s home from distribution during probate.

These protections are part of California probate practice and are found in the Probate Code and related court rules. For an overview of probate and the protections, see the California Courts self-help probate page: California Courts — Probate Self-Help.

5. When a non-finalized divorce may not leave the estranged spouse with full rights

There are exceptions where the estranged spouse might not be able to claim as a spouse:

• If a prior valid written agreement (for example, a premarital or marital settlement agreement) expressly waives the spouse’s inheritance or community property rights and that agreement is enforceable;
• If a final judgment had been entered before death (for example, a finalized dissolution or an annulment);
• If the parties were never legally married (e.g., separation while never legally married or only a domestic partnership where different rules may apply);
• If there are federal or state-specific disqualifications (rare) that would prevent the spouse from inheriting.

Whether an agreement is enforceable or whether a particular order affects estate claims can be fact-dependent. A written property settlement signed by both parties commonly binds the estate, but courts will examine whether the document meets legal formalities and whether it was procured by fraud, duress, or other grounds for invalidation.

6. Putative spouse or long-term partner issues

If the couple was not legally married but one party believed in good faith they were married, California’s putative spouse rules (and related doctrines) can sometimes protect the innocent party. Rights for putative spouses or domestic partners are governed by different provisions in the Family Code and may require specialized legal analysis.

Practical examples (hypotheticals)

Example A: John filed for divorce but the parties never completed the final hearing. John dies. He and his wife owned their home as community property. Result: Because they remained legally married, the wife still owns her one-half community interest and can inherit or receive the decedent’s half under John’s will or under intestacy rules if John had no valid will.

Example B: Maria and Alex signed a written marital settlement that divided assets and waived future claims before final judgment. Alex dies before the divorce is final. Result: If the agreement is legally valid and enforceable, it may prevent Maria from making certain estate claims. A court will review the settlement’s validity to decide.

Timing and next steps — what to do if you’re involved

1. Confirm marital status. Obtain a certified copy of the death certificate and any pending family law case documents to show whether a final divorce judgment exists.
2. Locate estate documents. Find any will, trust, or written settlement agreements. These documents control how property is distributed and may affect the surviving spouse’s claims.
3. Talk to a probate/family law attorney. A lawyer can review documents, advise whether a settlement or waiver is enforceable, and explain how community property and intestacy rules apply.
4. Act quickly. Probate has strict filing deadlines and procedures. For example, to assert claims against an estate or to file for family allowance or homestead protections you must follow court timelines.
5. Consider mediation or negotiation. If a dispute arises over the estate, parties sometimes resolve claims through settlement rather than costly litigation.

Helpful Hints

• If you are the surviving spouse, gather marriage certificates, separation agreements, property deeds, bank account records, and any signed settlement documents before speaking to an attorney.
• If you are an heir or creditor, do not assume an estranged spouse has no rights; verify whether the divorce was finalized.
• Check titles and beneficiary designations (life insurance, retirement accounts, transfer-on-death deeds). Beneficiary designations often override wills and are effective regardless of a pending divorce unless changed.
• Keep copies of any court filings in the divorce case. A pending divorce file can be crucial evidence about intent and agreements between the parties.
• Ask about temporary orders in the divorce file. Temporary property or support orders can affect rights during probate or may reflect agreed-upon arrangements.
• Look into probate timelines and the need to file a petition for probate or to file claims against the estate. The California Courts self-help probate page is a practical starting point: https://www.courts.ca.gov/selfhelp-probate.htm.