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California · Family Code §1102California community property: why both spouses sign the deed, and the one-year window

Either spouse manages community real property, but both spouses, personally or by a duly authorized agent, must join in executing an instrument by which community real property or an interest in it is sold, conveyed, encumbered, or leased for longer than one year (Cal. Fam. Code §1102(a)). The rule doesn't apply to transfers between the spouses (§1102(b)). A sole lease, contract, mortgage or deed by the spouse holding record title, to a purchaser or encumbrancer in good faith without knowledge of the marriage, is presumed valid (§1102(c)(2)). An action to avoid an instrument signed by one spouse alone, affecting property of record in that spouse's name alone, must be brought within one year after the instrument is recorded in the county where the land is (§1102(d)).

The rule

  1. 1. Both join (§1102(a))

    Sale, conveyance, encumbrance or lease over one year of community real property.

  2. 2. Agent allowed (§1102(a))

    Either spouse may join personally or through a duly authorized agent.

  3. 3. Good-faith buyer (§1102(c)(2))

    A record-title spouse's sole deed is presumed valid for a buyer without knowledge of the marriage.

  4. 4. One year (§1102(d))

    Suit to avoid a sole instrument within one year after recording.

What the TC can do

  • Ask early whether the seller is married and whether the house could be community property – even if only one spouse is on title.
  • Tell the escrow and title company so the grant deed and closing documents include the spouse, or the spouse's power of attorney.
  • If the spouse can't attend, start the power of attorney or remote signing early.

Questions about spouses signing in California

Does my spouse have to sign to sell our house in California?

If the house is community real property, yes – both spouses, personally or by an authorized agent, must join in the sale (Cal. Fam. Code §1102(a)).

What if only one California spouse signed the deed?

If the property was of record in that spouse's name alone, an action to avoid the deed must be brought within one year after it was recorded, and a good-faith purchaser without knowledge of the marriage is protected by a presumption of validity (§1102(c)(2), (d)).

Related guides

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Source: California Family Code §1102 (leginfo.legislature.ca.gov, read October 26, 2026).

General information, not legal advice. Whether a property is community property and who must sign is a question for the escrow, title company or an attorney. ClosingCode is software; it is not a law firm. This guide is not a substitute for the advice or services of an attorney.