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Sale of Community Property Without Consent in California

LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law

Can I Force My Spouse To Sell Community Property Even If He or She Does Not Want To?

Yes, you can sell community property without your spouse's consent if you go to Court and prove that:

The proposed transaction is in the best interest of both spouses, and
Consent has been refused without good reason, or
Your spouse cannot consent because of a mental or physical impairment.

What Does "Best Interests of Both Spouses" Mean?

Examples of transactions that are in the best interests of both spouses might include:

The spouses have a high interest community debt and possess assets that can be sold or mortgaged at a lower interest rate.
The spouses need money to pay for important community needs such as home repairs or a child¿s medical expenses.

What Does "Refused Without Good Reason" Mean?

Examples of a spouse refusing to consent without good reason might include:

Your spouse objecting simply because he or she is angry.
Your spouse refusing to explain why he or she is objecting.

What Can I Do If My Spouse Is Trying To Force Me To Sell Community Property?

Your spouse cannot personally force you to sell community property or separate property. If he or she does, you can argue in court that anything you signed was coerced and not valid. However, the longer you wait, the harder it can be to reverse the damage, or to prove that you did not really agree to the transaction.

Should I Contact a Family Lawyer Before Selling Community Property?

It is often hard for couples to be fair and objective during divorce proceedings - a Family Lawyer can help you make the right decisions. In addition a lawyer will be able to help determine whether a proposed transaction is really in the best interest of the community or not. A Family Lawyer may also be able to negotiate with your spouse, or your spouse's attorney, so that you can avoid having to get a court order in the first place.

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Last Modified: 06-28-2011 03:17 PM PDT

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Sale of Community Property Without Consent in California

Can I Force My Spouse To Sell Community Property Even If He or She Does Not Want To?

What Does "Best Interests of Both Spouses" Mean?

What Does "Refused Without Good Reason" Mean?

What Can I Do If My Spouse Is Trying To Force Me To Sell Community Property?

Should I Contact a Family Lawyer Before Selling Community Property?

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