MBE Rules · Community Property
Nonconsensual Gifts of CP
Cal. Fam. Code § 1100(b)
The rule
A spouse cannot gift community personal property without the other's written consent; the aggrieved spouse may void the gift entirely during marriage or recover her one-half after dissolution or the donor's death.
In plain English
In community property states, both spouses have equal ownership of property acquired during the marriage. One spouse cannot give away community property as a gift without the other spouse's written consent, and if they do, the non-consenting spouse can either void the gift or claim their half after divorce or the death of the gifting spouse.
Worked example
During their marriage, Alex decides to give a valuable piece of artwork, which is community property, to his friend without consulting his wife, Jamie. Jamie finds out and decides to void the gift, asserting her rights to the artwork. The court rules in Jamie's favor, allowing her to reclaim her half of the community property.
Memory hook
No solo gifts in community property—both spouses must agree!
The trap
Exams may present scenarios where a spouse gives away property without consent but includes details that make it seem like the gift was valid, confusing students about the necessity of consent.
How examiners test it
Questions often involve a fact pattern where one spouse makes a unilateral gift of community property, prompting candidates to analyze the validity of the gift and the rights of the non-consenting spouse.
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More Community Property rules
- Interspousal Fiduciary Duty · Cal. Fam. Code § 721; § 1100(e)
- Management and Control of CP · Cal. Fam. Code § 1100(a)-(d)
- Equal Division at Dissolution · Cal. Fam. Code § 2550
- Putative Spouse Doctrine · Cal. Fam. Code § 2251
- Business Goodwill · Marriage of Foster (goodwill)
- Severance Pay · Severance pay (Cal.)