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In California, a married couple holds property as community property. One spouse wants to sell the property without the other spouse's knowledge or consent. Under California Family Code, can this sale be completed?

Correct Answer

A) No, both spouses must join in any sale, lease for more than one year, or encumbrance of community real property

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 (mortgaged). A sale of community real property by one spouse alone is voidable by the non-consenting spouse.

Answer Options
A
No, both spouses must join in any sale, lease for more than one year, or encumbrance of community real property
B
No, unless the selling spouse obtains a court order authorizing the sale
C
Yes, if the selling spouse has their name on the deed as the sole owner
D
Yes, either spouse can independently sell community real property

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Related Topics & Key Terms

Key Terms:

community_propertyspousal_consentFamily_Code_1102sale_requirement

Related Concepts

Building codes are government regulations that set minimum standards for construction, materials, design, and safety in buildings. They protect public health and safety by ensuring structures are built to acceptable standards.

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A conditional use permit (also called a special use permit) allows a land use that is not automatically permitted by zoning but may be allowed under certain conditions. The use must be compatible with the surrounding area.

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