CHAPTER 3. Proceeding for Particular Transaction [3100. - 3154.]

Chapter 3 enacted by Stats. 1990, Ch. 79.

§§ 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…