California · Probate Code

PROB §3012: (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 capac

Read the full statutory text
(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.

Verify at the official source: California legislative text

Facing this? Know exactly what happens next.

MOFRD turns this code section into your situation: the deadlines that apply to you, the forms your county uses, and the resolution paths people in your position actually take. Free for 3 days — no card required.

This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.