This was a life estate in each piece of real estate in which W held a freehold interest during their marriage, provided the freehold was inheritable by issue born alive of the marriage. The surviving spouse has the right to renounce the will , and instead receive a designated portion of the estate. Both personal and real property are covered. These states are Arizona, California, Idaho, Louisiana, New Mexico, Nevada, Texas and Washington. Thus upon divorce or death , the property is treated as belonging half to each spouse .
Income produced by either spouse's labor is community property.
His salary is community property. Generally, if divorce occurs, the community property is evenly divided . Upon the death of one of the parties, the community property is treated as having belonged half to the deceased spouse and half to the surviving spouse. A deceased spouse's half is thus subject to his right to devise it by will to whomever he wishes. H and W hold Blackacre as community property.