Sale of Community Property Without Spouse's Consent

Question 1

Sale Without Consent

Answer 1

Both spouses must execute any instrument transferring real property.

A transfer to a good faith purchaser without knowledge of the marital relationship is presumed valid. The non-consenting spouse can overcome this presumption only if she:

(1) brings an action to void the transaction within one year of the recording of the transfer; and
(2) demonstrates she did not in any way consent to or participate in the transfer. If she succeeds, she may void the conveyance, but she must first return the purchase price.