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Article 1. Definitions of California Probate Code >> Division 4. >> Part 6. >> Chapter 1. >> Article 1.
Unless the provision or context otherwise requires, the
definitions contained in this article govern the construction of this
part.
"Community property" means community real property and
community personal property, including, but not limited to, a
community property business that is or was under the primary
management and control of one of the spouses.
"Conservator" means conservator of the estate, or limited
conservator of the estate to the extent that the powers and duties of
the limited conservator are specifically and expressly provided by
the order appointing the limited conservator, and includes the
guardian of the estate of a married minor.
"Conservatorship estate" includes the guardianship estate of
a married minor.
"Conservatorship proceeding" means conservatorship of the
estate proceeding and includes a guardianship of the estate
proceeding of a married minor.
(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.
(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.
