Final answer:
Upon the death of Spouse A without a will, Spouse B typically inherits Spouse A's half of the community property. This is based on the state's intestate succession laws and may vary. Historical laws also reflected the principle of protecting the surviving spouse's or widow's rights to property.
Step-by-step explanation:
According to the laws of intestate succession, where there is community property owned by Spouse A and Spouse B, in the event of the death of Spouse A, Spouse A's half of the property will typically be inherited by Spouse B. In community property states, both spouses have an equal ownership interest in the community property. If Spouse A dies intestate, the surviving spouse, Spouse B, usually continues to own their half and inherits the deceased spouse's half unless there are other statutory provisions or exceptions, such as children from a previous marriage. This varies depending on the specific intestate succession laws of the state where the couple lives, as laws can differ across states.
The historical context for property and inheritance law can be traced back to numerous ancient legal systems. For example, in the times of the Code of Hammurabi, property could be bequeathed by a mother to any of her children as she sees fit, without a claim from other surviving members. Similarly, Han law recognized the rights of a wife to manage a household's property and for a widow to inherit her deceased husband's property.
The underlying concept behind these historical practices is echoed in modern intestate succession laws where the surviving spouse's rights are protected, often ensuring that the surviving spouse receives a significant portion, if not all, of the deceased spouse's estate in the absence of a valid will.