Legal Question in Administrative Law in California
when 2 people are married and items are purchased under both their names can one or the other sell the item?
2 Answers from Attorneys
The item becomes community property and both need to agree to sell it. It is similar to two people, complete strangers to each other, become business partners and buy equipment for the business. One can not decide to sell an asset of the business without the other's consent. And a abuer would be naive to purchase somethng like that without assurance that both consent to the sale.
I disagree with the previous answer. Both spouses must join in selling community real estate (see Family Code sections 1102 and 1103), but this is not the case with personal property.
Section 1100 of the Family Code deals with this. There are some limitations imposed by subparts (b) (c) and (d), but in general either spouse can deal with (i.e., sell) the community personal property in fair and reasonable ways, not including making gifts of high value to third parties and not including selling off household furnishings.
Also, spouses are under a duty to deal with each other openly and fairly, and to disclose major details of joint financial concern fully and promptly.
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