(a)Except as provided in Sections 761 and 1103, either spouse has the management and control of the community real property, whether acquired prior to, or on or after January 1, 1975, but both spouses, either personally or by a duly authorized agent, are required to join in executing an instrument by which that community real property or an interest therein is leased for a longer period than one year, or is sold, conveyed, or encumbered.
(b)This section does not apply to a lease, mortgage, conveyance, or transfer of real property, or of an interest in real property, between spouses.
(c)Notwithstanding subdivision (b), both of
the following shall apply:
(1)The sole lease, contract, mortgage, or deed of the husband, holding the record title to community real property, to a lessee, purchaser, or encumbrancer, in good faith without knowledge of the marriage relation, shall be presumed to be valid if executed prior to January 1, 1975.
(2)The sole lease, contract, mortgage, or deed of either spouse, holding the record title to community real property to a lessee, purchaser, or encumbrancer, in good faith without knowledge of the marriage relation, shall be presumed to be valid if executed on or after January 1, 1975.
(d)An action to avoid an instrument mentioned in this section, affecting any property standing of record in the name of
either spouse alone, executed by the spouse alone, shall not be commenced after the expiration of one year from the filing for record of that instrument in the recorder’s office in the county in which the land is situated.
(e)This section does not preclude either spouse from encumbering that spouse’s interest in community real property, as provided in Section 2033, to pay reasonable attorney’s fees in order to retain or maintain legal counsel in a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties.
Notes of Decisions
Cited in
20
cases (
9 in the last 5 years), 2002–2026 · leading case:
United States v. Craft, 535 U.S. 274 (2002).
United States v. Craft, 535 U.S. 274 (2002).
· cites it 2× “§ 25-214 (C) (2000); Cal. Fam. Code Ann. § 1102 (West 1994); Idaho Code § 32-912 (1996); La.”
In Re Marriage of Brooks & Robinson, 169 Cal. App. 4th 176 (Cal. Ct. App. 2008).
· cites it 2× “” (Fam. Code, § 1102, subd. (c)(2).) Moreover, “ ‘a bona fide purchaser for value who acquires his interest in real property without notice of another’s asserted rights in the property takes the property free of such unknown rights.”
Collins v. Wolf, 591 B.R. 752 (S.D. Cal. 2018).
· cites it 3× “) Appellee maintains that the bankruptcy court correctly determined that the quitclaim deed was ineffective because Janelle did not sign it. Under California law, a deed to community property in both spouses' names must be signed by both spouses.”
Turkanis v. Price, 213 Cal. App. 4th 332 (Cal. Ct. App. 2013).
“) Family Code section 1102, the successor to Civil Code former section 5127, still mandates that both spouses must join in encumbering community real property, but it carves out an exception for FLARPL’s.”
Erickson v. RTED Am., LLC (Bankr. N.D. Cal. 2023).
· cites it 9× “Erickson also seeks, via recoupment, to invalidate 18 RTED’s deed of trust under California Family Code §1102. 19 RTED Summary Judgment Motion 20 RTED dedicates much of its motion to defending its deed of trust.”
Tran v. Nguyen (Bankr. D. Or. 2024).
· cites it 3× “2d 1002, 1003, 1008 (1996) (interpreting former Section 5127 of the California Civil Code, which was repealed and reenacted without substantive change as California Family Code Section 1102.) 34 Oregon Community Property Law of 1943, ch.”
Disanto v. Surf City Investors CA3 (Cal. Ct. App. 2025).
· cites it 3× “” (Fam. Code, § 1102, subd. (a).) Thus, if plaintiffs owned the subject real property as community property, the deed of trust may be subject to being set aside because only one of the spouses executed it.”
Lee v. JPMorgan Chase Bank CA2/7 (Cal. Ct. App. 2025).
· cites it 3× “12 Family Code section 1102, subdivision (a), provides: “Except as provided in Sections 761 and 1103, either spouse has the management and control of the community real property, .”
In re Brace (Cal. 2020).
· cites it 2× “) At death, there is no automatic right of survivorship; half of the community property belongs to the surviving spouse, and the other half belongs to the decedent.”
Ulllman v. Hollywood Dell First Mort. Investors CA2/4 (Cal. Ct. App. 2013).
· cites it 3× “(Fam. Code, § 1102.)7 When Ullman recorded his abstract of judgment in 2009, his lien 7 “Except as provided in Sections 761 and 1103, either spouse has the management and control of the community real property, whether acquired prior to or on or after January 1, 1975, but both…”
Cal. Family Code § 1102(a): 3 cases
Collins v. Wolf, 591 B.R. 752 (S.D. Cal. 2018).
“) Appellee maintains that the bankruptcy court correctly determined that the quitclaim deed was ineffective because Janelle did not sign it. Under California law, a deed to community property in both spouses' names must be signed by both spouses.”
Tran v. Nguyen (Bankr. D. Or. 2024).
“2d 1002, 1003, 1008 (1996) (interpreting former Section 5127 of the California Civil Code, which was repealed and reenacted without substantive change as California Family Code Section 1102.) 34 Oregon Community Property Law of 1943, ch.”
Erickson v. RTED Am., LLC (Bankr. N.D. Cal. 2023).
“Erickson also seeks, via recoupment, to invalidate 18 RTED’s deed of trust under California Family Code §1102. 19 RTED Summary Judgment Motion 20 RTED dedicates much of its motion to defending its deed of trust.”
Cal. Family Code § 1102(b): 1 case
Erickson v. RTED Am., LLC (Bankr. N.D. Cal. 2023).
“Erickson also seeks, via recoupment, to invalidate 18 RTED’s deed of trust under California Family Code §1102. 19 RTED Summary Judgment Motion 20 RTED dedicates much of its motion to defending its deed of trust.”
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