Final answer:
In community property states, real property acquired during marriage is owned equally by both spouses. One spouse cannot convey real property to a third party without the other's consent; to do so may result in legal action to reverse the transaction.
Step-by-step explanation:
In community property states, both spouses typically have equal ownership of any property acquired during the marriage, which includes real property. When one spouse wishes to convey real property to a third party, controls and procedures depend on the laws of the specific state. Generally, one spouse cannot unilaterally dispose of community property without the other spouse's consent. Should a property be conveyed without proper consent or legal processing, the transfer may be invalid, and the non-consenting spouse may seek legal restitution, including potentially reversing the transaction.
In certain situations, such as gift, inheritance, or prenuptial agreement, real property may be considered separate property and not subject to community property rules. However, even in these cases, the spouse may have to demonstrate that the property is indeed separate. Additionally, the interpretation of property matters can vary depending on historical codes or legal precedents, which may influence current community property laws.
The disposal and control of community property in relation to the conveyance by one spouse to a third party requires careful legal consideration, and in many cases, the explicit consent of both spouses to ensure the legitimacy of the transfer.