Final answer:
An agreement to sell community property signed by only one spouse is generally considered voidable under community property laws. The enforceability of the contract depends on the consent or legal actions of the non-signing spouse, and specific state laws play a crucial role in determining its validity.
Step-by-step explanation:
When evaluating the legality of an agreement to sell community property, it's imperative to consider the jurisdictional laws that apply. Generally, community property laws require both spouses to consent to the sale of community property. If an agreement to sell community property is signed by the husband alone, without the wife's consent, it is typically considered voidable.
However, the determination of whether the contract is voidable, valid, or invalid also depends on the specific state laws where the property is located. Some states might mandate written consent, while others might require the spouse to take legal action to void the contract. It is essential for both parties to understand their rights under community property laws to avoid potential legal disputes.
If an agreement is voidable, the spouse who did not sign may choose to affirm or void the contract. This underscores that while the contract is not outright invalid, its enforceability is contingent upon the non-signing spouse's agreement or legal actions.