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California Law (Last Updated: March 4, 2014) |
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Probate Code - PROB |
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Division 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS |
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Part 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY |
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Chapter 3. Proceeding for Particular Transaction |
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ARTICLE 1. General Provisions |
Section 3101.
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(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 otherwise would require the joinder or consent of both spouses, if both of the following conditions are satisfied:
(1) One of the spouses is alleged to lack legal capacity for the proposed transaction, whether or not that spouse has a conservator.
(2) The other spouse either has legal capacity for the proposed transaction or has a conservator.
(b) A proceeding may be brought under this chapter for a court order declaring that one or both spouses has legal capacity for a proposed transaction.
(c) One proceeding may be brought under this chapter under both subdivision (a) and subdivision (b).
(d) In a proceeding under this chapter, the court may determine whether the property that is the subject of the proposed transaction is community property or the separate property of either spouse, but such determination shall not be made in the proceeding under this chapter if the court determines that the interest of justice requires that the determination be made in a civil action.
(e) This chapter is permissive and cumulative for the transactions to which it applies.