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Asked in CA May 21, 2022 ,  0 answers Visitors: 3
when 2 people are married and items are purchased under both their names can one or the other sell the item?
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2 Answers

Anonymous
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Posted on / Oct. 18, 2010 21:47:00

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.

Anonymous
Reply

Posted on / Oct. 18, 2010 21:47:00

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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