(a) If the petition requests that the court make an order declaring a spouse to have legal capacity for the proposed transaction and the court determines that the spouse has legal capacity for the proposed transaction, the court shall so order.

(b) If the petition alleges that a spouse having no conservator lacks legal capacity for the proposed transaction and the court determines that the spouse has legal capacity for the transaction, the court shall make an order so declaring.

Terms Used In California Probate Code 3143

  • Conservator: includes a limited conservator. See California Probate Code 30
  • Spouse: includes domestic partner, as defined in Section 37 of this code, as required by §. See California Probate Code 72
  • 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. See California Probate Code 3100

(Enacted by Stats. 1990, Ch. 79.)

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