§ 3012. — 3012. (Enacted by Stats. 1990, Ch. 79.)

California § 3012.

• Jurisdiction: California
• Code PROB: Probate Code - PROB
• Div. 4.: DIVISION 4. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS
• Part 6.: PART 6. MANAGEMENT OR DISPOSITION OF COMMUNITY PROPERTY WHERE SPOUSE LACKS LEGAL CAPACITY
• Ch. 1.: CHAPTER 1. Definitions and General Provisions
• Art. 1.: ARTICLE 1. Definitions

Text

(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 community property, including legal capacity to dispose of community property.
(2)
Join in or consent to a transaction involving community property.
(b)
A spouse lacks legal capacity to:
(1)
Manage and control, including legal capacity to dispose of, community property if the spouse is substantially unable to manage or control the community property.
(2)
Join in or consent to a transaction involving community property if the spouse does not have legal capacity for the particular transaction measured by principles of law otherwise applicable to the particular transaction.
(3)
Do any act, or engage in any activity, described in paragraph (1) or (2) if the spouse has a conservator.
(c)
Nothing in this section shall be construed to deny a spouse, whether or not lacking legal capacity, any of the following:
(1)
The right to control an allowance provided under Section 2421.
(2)
The right to control wages or salary to the extent provided in Section 2601.
(3)
The right to make a will.
(4)
The right to enter into transactions to the extent reasonable to provide the necessities of life to the spouse, the other spouse, and the minor children of the spouses.

Legislative History

Enacted by Stats. 1990, Ch. 79.