“Community property is all property, real or personal, wherever situated, acquired by a married person or a married couple during the marriage while domiciled in this state; the respective interests of each spouse in community property during the marriage are present, existing and equal. (FC 760 & 751.)
Spouses cannot give away or dispose of community property for less than the fair and reasonable value without the written consent of the other spouse. However, this rule does not apply to gifts that are mutually given by both spouses to third parties and gifts given to one spouse to the other. (FC 1100(b).)
A spouse may not sell, convey or encumber community personal property used as the family dwelling, or the furniture, furnishings or fittings of the home.
Additionally, a spouse may not sell the clothing or wearing apparel of the other spouse or minor children that is community property without the written consent of the other spouse. (FC 1100(c).)
Either spouse has the right to management and control of the community personal property, but both spouses must join in executing any instrument by which that community real property or any interest therein is leased for a longer period than one year, or is sold, conveyed, or encumbered. (FC 1100(a) & 1102(a).)
Community property that is distributed or withdraw from a trust by revocation, power of withdrawal or otherwise remains community property unless there is a valid transmutation of the property at the time of distribution or withdrawal. This includes any appreciation of the property. (FC 761(b).)”
[LW Greenberg, California Family Law]
