(a) A spouse acting alone may manage and control

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Terms Used In Alaska Statutes 34.77.040

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • property: includes real and personal property. See Alaska Statutes 01.10.060
(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 spouse’s employment;
(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 Alaska Stat. § 34.77.030(b).
(e) The right to manage and control community property does not permit gifts of the property, except to the extent provided in Alaska Stat. § 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 property.
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