Probate Code - PROB
DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705]
( Division 5 enacted by Stats. 1990, Ch. 79. ) PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048]
( Part 1 enacted by Stats. 1990, Ch. 79. ) CHAPTER 2. Nonprobate Transfers of Community Property [5010 - 5032]
( Chapter 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ARTICLE 2. Consent to Nonprobate Transfer [5020 - 5023]
( Article 2 added by Stats. 1992, Ch. 51, Sec. 6. ) 5021.
(a) In a proceeding to set aside a nonprobate transfer of community property on death made pursuant to a provision for transfer of the property executed by a married person without the written consent of the person’s spouse, the court shall set aside the transfer as to the nonconsenting spouse’s interest in the property, subject to terms and conditions or other remedies that appear equitable under the circumstances of the case, taking into account the rights of all interested persons.
(b) Nothing in subdivision (a) affects any additional remedy the nonconsenting spouse may have against the person’s estate for a nonprobate transfer of community property on death without the spouse’s written consent.
(Added by Stats. 1992, Ch. 51, Sec. 6. Effective January 1, 1993.)