“I am getting divorced and I want to sell the house, the cars, etc. Can I do this”? The quick answer to this question is no! Assuming that the house, cars, etc., were acquired during the marriage, these assets may not be sold by either spouse going through a divorce without written consent, stipulation, or further court order. This question comes up many times in highly contested, bitter divorces but the Family Code is very clear on this issue.
Family Code § 1100 (b) states that:
“A spouse may not make a gift of community personal property, or dispose of community personal property for less than fair and reasonable value, without the written consent of the other spouse. This subdivision does not apply to gifts mutually given by both spouses to third parties and to gifts given by one spouse to the other spouse.”
Moreover, Family Code § (c) states that:
“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, or the clothing or wearing apparel of the other spouse or minor children which is community personal property, without the written consent of the other spouse.”
Lastly, if one spouse violates this rule, he or she may suffer big penalties. The Family Code is also very clear about this.
Family Code § 1101 (a) states that:
“A spouse has a claim against the other spouse for any breach of the fiduciary duty that results in impairment to the claimant spouse’s present undivided one-half interest in the community estate, including, but not limited to, a single transaction or a pattern or series of transactions, which transaction or transactions have caused or will cause a detrimental impact to the claimant spouse’s undivided one-half interest in the community estate.”
If you or a loved one are going through a divorce, we hope that you keep this information in mind. If you need assistance with a divorce or any other type of family law matter, call Wallin and Klarich today. Wallin and Klarich has a team of highly skilled, aggressive family law attorneys ready to take your call 7 days week, 24 hours a day! Wallin and Klarich has been in the business of helping people with their family law matters for over 30 years and we would like to help you with yours! A qualified, experienced attorney from the firm will be able to evaluate your case when you call.
