Generally, it is possible for one spouse to sell community property without the other spouse's consent if:
The short, less complicated answer is that "it depends." Examples of transactions that are in the best interests of both spouses may include:
Examples of a spouse refusing to consent without good reason might include:
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.
It is often hard for couples to be fair and objective during divorce proceedings. Therefore, a California 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.
Last Modified: 06-21-2018 09:04 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.