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Real property is subject to equal management. Spouses may act without the other to do anything to the property that is not related to alienation. Single spouses lack the power to convey, encumber, or lease the property. In relation to leases, the spouse can lease for less than one year but not more than one. Therefore, both spouses must join in to convey, encumber, or lease the property for longer than one year. A spouse cannot convey their half of the community property. If one spouse has record title, the law (California Family Code Section 1102(c)) will presume a valid conveyance to a BFP (bona fide purchaser for value) but not if she believes that the grantor spouse is married. Thus Section 1102(c) creates a presumption related to record title that the property is separate property. As with all presumptions it can be overcome by proof in this instance of tracing to community funds. The nonnamed spouse can get a court order to change the title to the property under Section 1101(c). Section 1101(c) does not apply in instances where the property is owned as a general partner or a shareholder in a professional corporation and to any business ...

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