Does the death of a spouse from a long-term illness affect the determination of collateral property?

California, United States of America


The following excerpt is from Marriage of Hilke, In re, 14 Cal.Rptr.2d 371, 4 Cal.4th 215 (Cal. 1992):

The parties do not dispute that the trial court reserved jurisdiction to decide property issues when it entered its judgment terminating the parties' marital status. (See 4515, subd. (c).) The death of one of the spouses abates a cause of action for dissolution, but does not deprive the court of its retained jurisdiction to determine collateral property rights if the court has previously rendered judgment dissolving the marriage. (McClenny v. Superior Court (1964) 62 Cal.2d 140, 144, 41 Cal.Rptr.

Page 375

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