How does Section 1100, subdivision (b) of the California Civil Code apply to a gift of community property made by one spouse to a third party?

California, United States of America


The following excerpt is from Ziman v. Ziman (In re Ziman), B252042 (Cal. App. 2015):

Section 1100, subdivision (b) provides in relevant part, "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." (Italics added.) The gift may be voided to the extent of the nonconsenting spouse's one-half community property interest. (Harris v. Harris (1962) 57 Cal.2d 367, 369.)12

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