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Property Ownership Land Use ControlsEstates_and_property_typesHARD

Under California Family Code §1102, when a married couple holds community real property, which of the following actions does NOT require both spouses to join in the transaction?

Correct Answer

B) Managing or controlling personal property held as community assets

Under California Family Code §1102, both spouses must join in executing any instrument by which community real property is sold, leased for more than one year, or encumbered. However, §1100(a) allows either spouse, acting alone, to manage and control community personal property. Personal property management does not require both spouses' consent.

Answer Options
A
Selling the community real property to a third party
B
Managing or controlling personal property held as community assets
C
Executing a lease of the community real property for a term exceeding one year
D
Encumbering the community real property with a deed of trust

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Related Topics & Key Terms

Key Terms:

community_propertyspousal_consentFamily_Code_1102management_controlNOT

Related Concepts

Deed restrictions are limitations placed in a deed that control how a property may be used by the current and future owners. They are a form of private land use control that runs with the land.

An easement is a legal right to use another person's land for a specific purpose without owning it. It is a nonpossessory interest in real property that typically runs with the land.

An easement by necessity is created by court order when a property is landlocked and has no access to a public road. It arises from the necessity of accessing the property, not from long-term use.

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