Section 3023 Of Article 2. General Provisions From California Probate Code >> Division 4. >> Part 6. >> Chapter 1. >> Article 2.
3023
. (a) Except as provided in subdivisions (b) and (c), where one
or both of the spouses has a conservator, the court in which any of
the conservatorship proceedings is pending may hear and determine
whether property is community property or the separate property of
either spouse when the issue is raised in any proceeding under this
division.
(b) Any person having or claiming title to or an interest in the
property, at or prior to the hearing on the issue, may object to the
hearing if the court is not the proper court under any other
provision of law for the trial of an action to determine the issue.
If the objection is established, the court shall not hear and
determine the issue.
(c) Except as provided in subdivision (d), if a civil action is
pending with respect to the issue and jurisdiction has been obtained
in the court in which the civil action is pending, upon request of
any party to the civil action, the court shall abate the hearing
until the conclusion of the civil action.
(d) The court need not abate the hearing if the court determines
that the civil action was filed for the purpose of delay.