Droeger v. Friedman, Sloan & Ross

Opinion

PANELLI, J.

We granted review to determine whether a security interest in community real property given by one spouse to secure attorney fees during a pending marital dissolution proceeding is valid under Civil Code *30section 5127.1 Resolution of this question requires that we clarify the general rules governing transfers2 by one spouse in violation of section 5127.3

We conclude that pursuant to section 5127, both spouses must consent to the transfer of community real property. Consequently, when a nonconsenting spouse, during the marriage, timely challenges a transfer made in violation of…