Sale of Community Property without Consent in California

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Most Common Family Law Issues:

Can One Spouse Force Another to Sell Community Property?

Generally, it is possible for one spouse to sell community property without the other spouse's consent if:

What Does "Best Interests of Both Spouses" Mean?

The short, less complicated answer is that "it depends." Examples of transactions that are in the best interests of both spouses may include:

What Does "Refused without Good Reason" Mean?

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

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

A spouse cannot personally force the other spouse to sell community property or separate property. If he or she does, the other can argue in court that anything the other spouse signed was coerced and thus not valid.

Should I Contact a Lawyer?

It is often hard for couples to be fair and objective during divorce proceedings. Therefore, a family law 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.

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Last Modified: 10-29-2014 02:44 PM PDT

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