SECTIONS 3110-3113 - California Statutes

PROBATE CODE

SECTION 3110-3113

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
county in which a conservatorship proceeding of one of the spouses is
pending. If a conservatorship proceeding is not pending, then in
either of the following:
(1) The county in which one or both of the spouses resides.
(2) Any other county as may be in the best interests of the
spouses.

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 the spouse has legal capacity.
(2) The conservator of either spouse.
(b) If the petition requests approval of a proposed transaction,
at least one of the petitioners shall be either a conservator or a
spouse having legal capacity for the transaction.

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 following:
(1) Permit the spouse to appear without a representative.
(2) Appoint a guardian ad litem for the spouse.
(3) Take such other action as the circumstances warrant.
(b) If a petitioning spouse lacks legal capacity for the proposed
transaction, the court may do either of the following:
(1) Require the spouse to be represented by the conservator of the
spouse.
(2) Appoint a guardian ad litem for the spouse.

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 necessity of appointing a
conservator for the other spouse.