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California Family Code Section 1100(b) prohibits a spouse from gifting or transferring an item for less than fair and reasonable value without the written consent of the other spouse. Only the non-donor spouse has standing to set aside the transaction. A finding of estoppel or ratification of an oral approval by the non-donor spouse will not be tolerated or allowed as a defense to 1100(b). A gift or transfer for less than fair value is voidable. The non-donor spouse can recover the full amount of the property prior to dissolution of the community and after dissolution the non-donor may recover one-half the property. The transferee is not liable for fair use or profits because the gift is voidable.


Section 1100 had been renamed. Section 172 of the Civil Code provides: '. . . [The] husband has the management and control of the community personal property, with like absolute power of disposition, other than testamentary, as he has of his separate estate; provided, however, that he cannot make a gift of such community personal property, or dispose of the same without a valuable consideration . . . without the written consent of the wife.' Gifts made without the consent ...

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