In California, a husband and wife hold property as community property. The husband wants to take out a home equity loan using the property as collateral. Under California Family Code, what is required?
Correct Answer
B) Both the husband and wife must sign the deed of trust encumbering the community property
Under California Family Code §1102, both spouses must join in executing any instrument by which community real property is encumbered (such as a deed of trust for a home equity loan). This requirement protects both spouses' equal ownership interest in community property.
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Related Topics & Key Terms
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Related Concepts
Eminent domain is the government's constitutional right to take private property for public use, provided the owner receives just compensation. It is also known as condemnation.
An encroachment occurs when a building, structure, or improvement illegally extends onto another person's property or beyond a setback line. It is a physical intrusion, not a right to use the land.
An environmental impact statement (EIS) is a detailed report required for major federal projects or actions that may significantly affect the environment. It is mandated by the National Environmental Policy Act (NEPA).
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