CHAPTER 2. Management, Control, and Disposition [3051. - 3092.]
Chapter 2 enacted by Stats. 1990, Ch. 79.
§§ 3051–3092 · 23 sections
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…
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…
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…