SECTIONS 3051-3057 - California Statutes

PROBATE CODE

SECTION 3051-3057

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 affected by the lack or alleged lack of
legal capacity of the other spouse.
(b) Except as provided in subdivision (c), if one spouse has legal
capacity and the other has a conservator:
(1) The spouse who has legal capacity has the exclusive management
and control of the community property including, subject to Section
3071, the exclusive power to dispose of the community property.
(2) The community property is not part of the conservatorship
estate.
(c) If one spouse has legal capacity and the other has a
conservator, the spouse having legal capacity may consent, by a
writing filed in the proceeding, that all or part of the community
property be included in and, subject to Section 3071, be managed,
controlled, and disposed of as a part of the conservatorship estate.
(d) Except as provided in subdivision (e), if both spouses have
conservators, an undivided one-half interest in the community
property shall be included in and, subject to Section 3071, be
managed, controlled, and disposed of as a part of the conservatorship
estate of each spouse.
(e) If both spouses have conservators, when authorized by order of
the court in which any of the conservatorship proceedings is
pending, the conservators may agree in writing that all or specific
parts of the community property shall be included in the
conservatorship estate of one or the other of the spouses and,
subject to Section 3071, be managed, controlled, and disposed of as a
part of the conservatorship estate of that spouse.

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 pending, upon its own motion
or upon petition of a spouse having legal capacity or the conservator
of either spouse and upon such notice to such persons as the court
prescribes, may do any of the following:
(a) Determine that the inclusion of some or all of the community
property that is proposed to be included in the conservatorship
estate would not be in the best interest of the spouses or their
estates and order that such property not be included.
(b) Permit revocation of a written consent for inclusion of
property in the conservatorship estate, with or without terms or
conditions.
(c) Determine that the continued inclusion of some or all of the
community property in the conservatorship estate is not in the best
interest of the spouses or their estates and order that the inclusion
of such property in the conservatorship estate be terminated, with
or without terms or conditions.
(d) Make such other orders as may be appropriate for the orderly
administration of the conservatorship estate or to protect the
interests of the spouses.

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 the consent.
(b) If a spouse consents under this article that community
property be included in the conservatorship estate of the other
spouse:
(1) Subject to paragraph (2), the subsequent lack of legal
capacity of the spouse giving the consent has no effect on the
inclusion of the property in the conservatorship estate of the other
spouse.
(2) The appointment of a conservator for the spouse giving the
consent terminates the consent.

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 the purpose of
management, control, and disposition, the conservator has the same
powers and duties with respect to such property as the conservator
has with respect to other property of the conservatorship estate.

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 spouse in the community property are
being prejudiced may bring an action on behalf of such spouse to
enforce the duty imposed by Sections 721 and 1100 of the Family Code
with respect to the management and control of the community property
and to obtain such relief as may be appropriate.
(b) If one spouse has a conservator and the other spouse is
managing or controlling community property, the conservator has the
duty to keep reasonably informed concerning the management and
control, including the disposition, of the community property. If the
conservator has knowledge or reason to believe that the rights of
the conservatee in the community property are being prejudiced, the
conservator may bring an action on behalf of the conservatee to
enforce the duty imposed by Sections 721 and 1100 of the Family Code
with respect to the management and control of the community property
and to obtain such relief as may be appropriate.