Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

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 ...

Register or login to access full content



Professors
Professionals
Students