- Alaska Statutes.
- Title 34. Property
- Chapter 77. Community Property Act
- Section 40. Management and Control of Property of Spouses.
previous: Section 30
. Classification of Property of Spouses.
next: Section 50
. Gifts of Community Property to Third Persons.
AS 34.77.040. Management and Control of Property of Spouses.
- (a) A spouse acting alone may manage and control
- (1) that spouse's property that is not community property;
- (2) except as provided in (c) of this section, community property held in that spouse's name alone or not held in the name
of either spouse;
- (3) a policy of insurance if that spouse is designated as the owner on the records of the issuer of the policy;
- (4) the rights of an employee under an arrangement for deferred employment benefits that accrue as a result of that
- (5) a claim for relief vested in that spouse by other law;
- (6) community property held in the names of both spouses in the alternative, including using the names of both spouses
with the word "or."
- (b) Spouses may not manage and control community property held in the names of both spouses other than in the alternative
unless they act together.
- (c) The right to manage and control community property that is transferred to a trust, including property that is
community property under the trust, is determined by the terms of the trust.
- (d) The right to manage and control community property does not determine the classification of property of the spouses
and does not rebut the presumption of AS 34.77.030
- (e) The right to manage and control community property does not permit gifts of the property, except to the extent
provided in AS 34.77.050
- (f) Except to the extent otherwise expressly provided in a community property agreement or a community property trust, the
right to manage and control the property of spouses is not affected by this chapter if the property is acquired before
the determination date.
- (g) A court may appoint a conservator or guardian to exercise a disabled spouse's right to manage and control community
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