Marcus and Linda are married and own their home in Washington State as community property. Marcus wants to sell the home to a buyer without telling Linda. The listing broker, having only Marcus's signature on the listing agreement, proceeds with the transaction. Which of the following statements is correct regarding this situation?
Correct Answer
A) The sale is invalid because both spouses must sign the deed to convey community real property in Washington
Under Washington community property law (RCW 26.16.030), both spouses must sign any deed conveying community real property. A deed signed by only one spouse does not effectively transfer the other spouse's community property interest. The sale would be invalid without Linda's signature on the deed.
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Related Topics & Key Terms
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Related Concepts
The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.
Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
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