Gratuitous Transfers of Community Property to Third Persons
Quilliam, W. Reed, Jr.
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The author explains recent changes to the Matrimonial Property Act of 1967, effective January 1, 1970, on the managerial powers of spouses affecting gratuitous transfers of community property. Traditionally, although each spouse may only provide for testamentary gifts of their half of the couple’s community property, the husband, through extensive managerial powers granted by the state, could make gratuitous transfers of both halves of the community property through intervivos gifts, absent fraud to the wife. The author provides guidance for legislative changes in the spouses’ managerial powers.