Management & Control
Community Property · Lesson 03
Management & Control
這一課問的是：各配偶對共同財產之管理與控制權為何？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. What are each spouse's rights to manage and control community property?
這一課問的是：各配偶對共同財產之管理與控制權為何？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
equal management
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Each spouse may manage CP.
平等管理。
real property exception
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Both spouses must consent to encumber/sell real CP.
不動產例外。
business exception
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Spouse operating community business has primary control.
業務例外。
fiduciary duty
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Each spouse owes the other fiduciary duty re CP.
信託義務。
gift restriction
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Spouse cannot make significant gift of CP without consent.
贈與限制。
§1100
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Cal Fam Code: equal management with limits.
§1100。
breach remedy
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Aggrieved spouse may seek accounting, damages.
違反救濟。
Issue · what this lesson is really about
What are each spouse's rights to manage and control community property?
這一課問的是：各配偶對共同財產之管理與控制權為何？
Trigger words & phrases that should flag this issue:
sellencumbergiftfiduciaryconsent
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| State equal management | Each spouse generally has equal management and control over CP. | 各配偶通常有平等管理權。 |
| Apply real property | Both spouses must consent to alienate or encumber community real property. | 不動產出讓或設定須雙方同意。 |
| Apply gift | Spouse cannot make substantial gift of CP without other spouse's consent. | 重大 CP 贈與須他方同意。 |
| Apply fiduciary | Spouses owe each other fiduciary duty regarding CP management. | CP 管理上互負信託義務。 |
Rule Sentence · the workhorse
In community property jurisdictions, each spouse generally has equal management and control over community property, subject to exceptions: both spouses must consent to alienation or encumbrance of community real property, and neither spouse may make substantial gifts of community property without the other's consent; each owes the other fiduciary duty.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人spouses配偶
Act 行為managing CP管理 CP
Object 對象community property共同財產
Standard 法律標準equal management + exceptions + fiduciary平等管理 + 例外 + 信託
Consequence 後果valid transaction or set aside交易有效或被撤銷
Casebook Snapshot · a real American case
In re Marriage of Lucas
Holding. Where a spouse contributes separate property to acquire community property without express agreement, the contribution is presumed a gift; the contributing spouse has no separate property right absent a written agreement.
Why it matters. Lucas: SP-to-CP contributions presumed gifts absent writing — preserved by §2640 reimbursement statute.
Lucas：SP 出資至 CP 推定贈與，除非有書面約定。
Common Mistakes · what trips students
✗ either spouse 可任意處分 real CP。
✓ Both must consent.
須雙方同意。
✗ fiduciary duty 不適用 marriage。
✓ Applies in CP management.
CP 管理上適用。
Mini IRAC · build the Application
Issue. Is H's sale of the community-owned home valid when H signed the deed without W's signature or consent?
Rule. Both spouses must consent to alienate or encumber community real property.
Application (model). H sold community real property without W's signature or consent. Because community real property cannot be alienated without both spouses' consent, the fact that H acted unilaterally means the sale is voidable by W.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, the sale may be set aside on W's election (often a one-year statute applies).
MBE Check · multiple choice
H gives $50,000 of community funds to his alma mater without W's knowledge. Is the gift valid?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: