Upon the death of the husband or wife, the community property, vests, in the absence of ante-nuptial, stipulations to the contrary, one-half in the surviving spouse and one-half in the heirs of the deceased. In the case of divorce, if the court granting such divorce fails to make any order relative to the community property, the parties to the former marriage, become thereafter tenants in common in such property. In Louisiana, upon the death of the wife, the husband has a life estate in the half of the estate which descends to heirs of wife.