2007 California Probate Code Article 2. General Provisions

CA Codes (prob:3020-3023)

3020.  (a) The proceeds, rents, issues, and profits of community
property dealt with or disposed of under this division, and any
property taken in exchange for the community property or acquired
with the proceeds, are community property.
   (b) Except as provided in this part for the management, control,
and disposition of community property, nothing in this division
alters the rights of the spouses in community property or in the
proceeds, rents, issues, or profits of community property.




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.