PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY [3000. - 3154.]

Part 6 enacted by Stats. 1990, Ch. 79.

§§ 3000–3154 · 55 sections

1. CHAPTER 1. Definitions and General Provisions §§ 3000–3023 · 8 sections

   1. ARTICLE 1. Definitions §§ 3000–3012 · 6 sections

      • § 3000 Unless the provision or context otherwise requires, the definitions contained in this article govern the construction of this part.
      • § 3002 “Community property” means community real property and community personal property, including, but not limited to, a community property business that is or was…
      • § 3004 “Conservator” means conservator of the estate, or limited conservator of the estate to the extent that the powers and duties of the limited conservator are…
      • § 3006 “Conservatorship estate” includes the guardianship estate of a married minor.
      • § 3008 “Conservatorship proceeding” means conservatorship of the estate proceeding and includes a guardianship of the estate proceeding of a married minor.
      • § 3012 (a) Unless the spouse lacks legal capacity under the applicable standard prescribed in subdivision (b), a spouse has legal capacity to: (1) Manage and control…
   2. ARTICLE 2. General Provisions §§ 3020–3023 · 2 sections

      • § 3020 (a) The proceeds, rents, issues, and profits of community property dealt with or disposed of under this division, and any property taken in exchange for the…
      • § 3023 (a) Except as provided in subdivisions (b) and (c), where one or both of the spouses has a conservator, the court in which any of the conservatorship…
2. CHAPTER 2. Management, Control, and Disposition §§ 3051–3092 · 23 sections

   1. ARTICLE 1. Management, Control, and Disposition Generally §§ 3051–3057 · 5 sections

      • § 3051 (a) Subject to Section 3071, the right of a spouse to manage and control community property, including the right to dispose of community property, is not…
      • § 3054 When community property is included or proposed to be included in the conservatorship estate of a spouse, the court in which the conservatorship proceeding is…
      • § 3055 (a) If consent is given under this article that community property be included in the conservatorship estate of a spouse, the death of either spouse terminates…
      • § 3056 Except as otherwise provided in this part and subject to Section 3071, when community property is included in a conservatorship estate under this article for…
      • § 3057 (a) Where a spouse lacks legal capacity and does not have a conservator, any interested person who has knowledge or reason to believe that the rights of such…
   2. ARTICLE 2. Substitute for Joinder or Consent Requirements §§ 3070–3074 · 5 sections

      • § 3070 If the requirements of this article are satisfied with respect to a transaction described in Section 3071, the transaction is deemed to satisfy the joinder or…
      • § 3071 (a) In case of a transaction for which the joinder or consent of both spouses is required by Section 1100 or 1102 of the Family Code or by any other statute,…
      • § 3072 (a) Except as provided in subdivision (b), a conservator may join in or consent to a transaction under Section 3071 only after authorization by either of the…
      • § 3073 (a) The joinder or consent under Section 3071 of a spouse having legal capacity shall be in a manner that complies with Section 1100 or 1102 of the Family Code…
      • § 3074 Notwithstanding any other provision of this article, a transaction that affects real property, entered into by a person acting in good faith and for a valuable…
   3. ARTICLE 3. Enforcement of Support of Spouse Who Has Conservator §§ 3080–3092 · 13 sections

      • § 3080 If one spouse has a conservator and the other spouse has the management or control of community property, the conservator or conservatee, a relative or friend…
      • § 3081 (a) Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1. (b)…
      • § 3082 Upon the filing of a petition under this article, the court may cite the spouse who has the management or control of community property to appear before the…
      • § 3083 In any proceeding under this article, the court may, after notice and hearing, order the spouse who has the management or control of community property to pay…
      • § 3084 When a petition is filed under this article, the spouse having the management or control of community property shall serve and file a current income and…
      • § 3085 During the pendency of any proceeding under this article, the court, upon the application of the petitioner, may issue ex parte orders: (a) Restraining the…
      • § 3086 Any person interested in the proceeding under this article may request time for filing a response to the petition, for discovery proceedings, or for other…
      • § 3087 In a proceeding under this article, the court may hear and determine whether property is community property or the separate property of either spouse if that…
      • § 3088 (a) The court may order the spouse who has the management or control of community property to apply the income or principal, or both, of the community property…
      • § 3089 If the spouse who has the management or control of the community property refuses to comply with any order made under this article or an order made in a…
      • § 3090 Any order of the court made under this article may be enforced by the court by execution, the appointment of a receiver, contempt, or by such other order or…
      • § 3091 Notwithstanding any other provision of law, the Judicial Council may provide by rule for the practice and procedure in proceedings under this article.
      • § 3092 Nothing in this article affects or limits the right of the conservator or any interested person to institute an action against any person to enforce the duty…
3. CHAPTER 3. Proceeding for Particular Transaction §§ 3100–3154 · 24 sections

   1. ARTICLE 1. General Provisions §§ 3100–3102 · 3 sections

      • § 3100 (a) As used in this chapter, “transaction” means a transaction that involves community real or personal property, tangible or intangible, or an interest…
      • § 3101 (a) A proceeding may be brought under this chapter for a court order authorizing a proposed transaction, whether or not the proposed transaction is one that…
      • § 3102 The transactions that may be the subject of a proceeding under this chapter include, but are not limited to: (a) Sale, conveyance, assignment, transfer,…
   2. ARTICLE 2. Commencement of Proceeding §§ 3110–3113 · 4 sections

      • § 3110 (a) A proceeding under this chapter shall be brought by a petition filed in the superior court. (b) The proper county for commencement of the proceeding is the…
      • § 3111 (a) Except as provided in subdivision (b), any of the following persons may file, or join in, a petition under this chapter: (1) Either spouse, whether or not…
      • § 3112 (a) If a petitioning spouse is one whose legal capacity for the proposed transaction is to be determined in the proceeding, the court may do any of the…
      • § 3113 A proceeding may be brought under this chapter by the conservator of a spouse, or by a spouse having legal capacity for the proposed transaction, without the…
   3. ARTICLE 3. Petition §§ 3120–3123 · 4 sections

      • § 3120 (a) Several proposed transactions may be included in one petition and proceeding under this chapter. (b) The petition may contain inconsistent allegations and…
      • § 3121 The petition shall set forth all of the following information: (a) The name, age, and residence of each spouse. (b) If one or both spouses is alleged to lack…
      • § 3122 If the proceeding is brought for a court order authorizing a proposed transaction, the petition shall set forth, in addition to the information required by…
      • § 3123 If the proceeding is brought for a court order declaring that one or both spouses has legal capacity for a proposed transaction, the petition shall set forth,…
   4. ARTICLE 4. Citation and Notice of Hearing §§ 3130–3131 · 2 sections

      • § 3130 (a) Except as provided in subdivision (b), upon the filing of the petition, the clerk shall issue a citation to each nonpetitioning spouse alleged to lack…
      • § 3131 (a) At least 15 days before the hearing on the petition, the petitioner shall cause a notice of the time and place of the hearing and a copy of the petition to…
   5. ARTICLE 5. Hearing and Order §§ 3140–3145 · 6 sections

      • § 3140 (a) A conservator served pursuant to this article shall, and the Director of State Hospitals or the Director of Developmental Services given notice pursuant to…
      • § 3141 (a) If a spouse is alleged to lack legal capacity for the proposed transaction and has no conservator, the spouse shall be produced at the hearing unless…
      • § 3142 (a) If a spouse is alleged to lack legal capacity for the proposed transaction and has no conservator, the court, before commencement of the hearing on the…
      • § 3143 (a) If the petition requests that the court make an order declaring a spouse to have legal capacity for the proposed transaction and the court determines that…
      • § 3144 (a) The court may authorize the proposed transaction if the court determines all of the following: (1) The property that is the subject of the proposed…
      • § 3145 A court determination pursuant to this chapter that a spouse lacks legal capacity for the proposed transaction affects the legal capacity of the spouse for…
   6. ARTICLE 6. Consummation of Transaction §§ 3150–3154 · 5 sections

      • § 3150 (a) Unless the court for good cause dispenses with the bond, the court shall require the petitioner to give a bond, in the amount fixed by the court,…
      • § 3151 (a) The petitioner shall, upon receipt of the consideration therefor, execute, acknowledge, and deliver any necessary instruments or documents as directed by…
      • § 3152 A sale, conveyance, assignment, transfer, exchange, encumbrance, security interest, mortgage, deed of trust, lease, dedication, release, or relinquishment, and…
      • § 3153 Notes, encumbrances, security interests, mortgages, leases, or deeds of trust, executed as provided in this chapter by a petitioning conservator create no…
      • § 3154 (a) If any party to the transaction, other than the petitioner, does not consummate a transaction authorized by the court, the court, on application of the…