State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 3070-3074

PROBATE CODE
SECTION 3070-3074



3070.  If the requirements of this article are satisfied with
respect to a transaction described in Section 3071, the transaction
is deemed to satisfy the joinder or consent requirements of the
statute referred to in that section.


3071.  (a) In case of a transaction for which the joinder or consent
of both spouses is required by Section 1100 or 1102 of the Family
Code or by any other statute, if one or both spouses lacks legal
capacity for the transaction, the requirement of joinder or consent
shall be satisfied as provided in this section.
   (b) Where one spouse has legal capacity for the transaction and
the other spouse has a conservator, the requirement of joinder or
consent is satisfied if both of the following are obtained:
   (1) The joinder or consent of the spouse having legal capacity.
   (2) The joinder or consent of the conservator of the other spouse
given in compliance with Section 3072.
   (c) Where both spouses have conservators, the joinder or consent
requirement is satisfied by the joinder or consent of each such
conservator given in compliance with Section 3072.
   (d) In any case, the requirement of joinder or consent is
satisfied if the transaction is authorized by an order of court
obtained in a proceeding pursuant to Chapter 3 (commencing with
Section 3100).



3072.  (a) Except as provided in subdivision (b), a conservator may
join in or consent to a transaction under Section 3071 only after
authorization by either of the following:
   (1) An order of the court obtained in the conservatorship
proceeding upon a petition filed pursuant to Section 2403 or under
Article 7 (commencing with Section 2540) or 10 (commencing with
Section 2580) of Chapter 6 of Part 4.
   (2) An order of the court made in a proceeding pursuant to Chapter
3 (commencing with Section 3100).
   (b) A conservator may consent without court authorization to a
sale, conveyance, or encumbrance of community personal property
requiring consent under subdivision (c) of Section 1100 of the Family
Code if the conservator could sell or transfer the property under
Section 2545 without court authorization if the property were a part
of the conservatorship estate.


3073.  (a) The joinder or consent under Section 3071 of a spouse
having legal capacity shall be in a manner that complies with Section
1100 or 1102 of the Family Code or other statute that applies to the
transaction.
   (b) The joinder or consent under Section 3071 of a conservator
shall be in the same manner as a spouse would join in or consent to
the transaction under the statute that applies to the transaction
except that the joinder or consent shall be executed by the
conservator and shall refer to the court order, if one is required,
authorizing the conservator to join in or consent to the transaction.



3074.  Notwithstanding any other provision of this article, a
transaction that affects real property, entered into by a person
acting in good faith and for a valuable consideration, is not
affected by the fact that one or both spouses have conservators
unless a notice of the establishment of the conservatorship or
conservatorships, as the case may be, has been recorded prior to the
transaction in the county in which the property is located.