SECTIONS 3100-3102 - California Statutes

PROBATE CODE

SECTION 3100-3102

3100. (a) As used in this chapter, "transaction" means a
transaction that involves community real or personal property,
tangible or intangible, or an interest therein or a lien or
encumbrance thereon, including, but not limited to, those
transactions with respect thereto as are listed in Section 3102.
(b) However, if a proposed transaction involves property in which
a spouse also has a separate property interest, for good cause the
court may include that separate property in the transaction.

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 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.

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, exchange, conveyance
pursuant to a preexisting contract, encumbrance by security interest,
deed of trust, mortgage, or otherwise, lease, including but not
limited to a lease for the exploration for and production of oil,
gas, minerals, or other substances, or unitization or pooling with
other property for or in connection with such exploration and
production.
(b) Assignment, transfer, or conveyance, in whole or in part, in
compromise or settlement of an indebtedness, demand, or proceeding to
which the property may be subject.
(c) Dedication or conveyance, with or without consideration, of
any of the following:
(1) The property to this state or any public entity in this state,
or to the United States or any agency or instrumentality of the
United States, for any purpose.
(2) An easement over the property to any person for any purpose.
(d) Conveyance, release, or relinquishment to this state or any
public entity in this state, with or without consideration, of any
access rights to a street, highway, or freeway from the property.
(e) Consent as a lienholder to a dedication, conveyance, release,
or relinquishment under subdivision (c) or (d) by the owner of
property subject to the lien.
(f) Conveyance or transfer, without consideration, to provide
gifts for such purposes, and to such charities, relatives (including
one of the spouses), friends, or other objects of bounty, as would be
likely beneficiaries of gifts from the spouses.