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Property OwnershipCommunity_propertyMEDIUM

Under Idaho community property law, both spouses must sign to:

Correct Answer

B) Sell or encumber community real property

In Idaho, both spouses must consent to and sign any deed or encumbrance affecting community real property. This requirement protects each spouse's equal ownership interest and applies to sales, mortgages, and other conveyances of community real estate.

Answer Options
A
No signature requirement exists — either spouse may act alone on any transaction
B
Sell or encumber community real property
C
Obtain a court order before completing any real estate transaction
D
File separate property disclosures with the county recorder

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Related Topics & Key Terms

Related Topics:

Idaho Code 32-912community property conveyancedeed requirementstitle insurancevoidable transactions

Key Terms:

Idaho Code 32-912both spouses signcommunity real propertyconveyanceencumbrance

Related Concepts

Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.

Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.

A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.

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