Community Property Subject to the Joint Management of Both Spouses Cannot be Encumbered by One Spouse Acting Without the Other’s Consent

Date

1975

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Looks at the court’s holding that when community property is subject to joint management, control, and disposition, one spouse does not have the authority to encumber the other spouse’s interest without his or her consent. The author observes the definition of actual notice and asserts that the owner is charged with the duty of making a reasonable investigation into his rights of the spouse in order to claim legal protection of the property.

Description

Keywords

Community property, Actual notice, Joint management, Property, Sole management, Williams v. Portland State Bank, Case note

Citation

6 Tex. Tech L. Rev. 1185