Legal Question in Real Estate Law in California
can step dad quit claim his share of community property to his daughter without signature of his spouse?
Asked on 6/23/10, 7:17 am
2 Answers from Attorneys
Yes, but OMG what a title and tax nightmare that would create.
Answered on 6/23/10, 10:31 am
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
I'd say NO.
Family Code section 1102(a) says "Except as provided in Sections 761 and 1103, either spouse has the management and control of the community real property, whether acquired prior to or on or after January 1, 1975, but both spouses, either personally or by a duly authorized agent, must join in executing any instrument by which that community real property or any interest therein is leased for a longer period than one year, or is sold, conveyed or encumbered.
There are a few exceptions but none has broad, general applicability.
Answered on 6/23/10, 11:07 am