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HomeFamily CodeDiv. 4Pt. 4§ 1103 Community Property Management Rules

§ 1103 Community Property Management Rules

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1103 Community Property Management Rules

This law says that if a married person can't handle money or property decisions because of mental or physical issues, special rules apply to manage their shared property with their spouse.

Key Takeaways

  • •If a spouse can't manage money or property, special rules apply to their shared stuff.
  • •You can't just sell or give away shared property without following these rules.
  • •The court has to be involved to make sure everything is fair.

Example

A husband gets into a bad accident and can't make decisions about money or property anymore.

His wife can't just sell their house or give away their stuff without following special rules. She has to go through a court process to handle their shared property.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1103 Community Property Management Rules

(a) Where one or both of the spouses either has a conservator of the estate or lacks legal capacity to manage and control community property, the procedure for management and control (which includes disposition) of the community property is that prescribed in Part 6 (commencing with Section 3000) of Division 4 of the Probate Code. (b) Where one or both spouses either has a conservator of the estate or lacks legal capacity to give consent to a gift of community personal property or a disposition of community personal property without a valuable consideration as required by Section 1100 or to a sale, conveyance, or encumbrance of community personal property for which a consent is required by Section 1100, the procedure for that gift, disposition, sale, conveyance, or encumbrance is that prescribed in Part 6 (commencing with Section 3000) of Division 4 of the Probate Code. (c) Where one or both spouses either has a conservator of the estate or lacks legal capacity to join in executing a lease, sale, conveyance, or encumbrance of community real property or any interest therein as required by Section 1102, the procedure for that lease, sale, conveyance, or encumbrance is that prescribed in Part 6 (commencing with Section 3000) of Division 4 of the Probate Code. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

Last verified: January 9, 2026

Key Terms

communityconveyanceencumbranceconsiderationprobate codecapacitypropertyspouse

Related Statutes

  • § 1102 Spousal Control Of Community Property
  • § 2033 Family Law Property Lien
  • § 2040 Child Custody And Asset Restrictions
  • § 1610 Premarital Agreement Definitions
  • § 1615 Premarital Agreement Enforcement Limits

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 1103.
View Official Source