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John and Martha, husband and wife, own a home as community property. If only one spouse signed the listing to sell the property, the agreement is:

A. A legal contract;
B. An unenforceable contract;
C. An unbinding contract;
D. A violation of the Statute of Frauds.

User Antonky
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1 Answer

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Final answer:

The correct answer is B: An unenforceable contract. Community property law generally requires that both spouses consent and sign agreements related to the sale of their shared property. The listing to sell community property is typically unenforceable if only one spouse has signed it.

Step-by-step explanation:

The question revolves around the enforceability of a contract to sell community property, such as a home, when only one spouse has signed the listing agreement. In the context of community property law, both spouses have equal management and control over the community property. Therefore, for the sale of a community-owned home, both parties typically must consent and sign the contract.

Since the scenario presumes that the home is owned as community property and only one spouse has signed the listing agreement, the correct answer to the question is typically B. An unenforceable contract. This is due to the fact that both spouses have an equal interest in the property and the power to manage it, which includes the right to contract for its sale. Without both signatures, the contract does not fully execute the authority required by community property laws and thus lacks enforceability.

It is important to note that the exact laws can vary by jurisdiction, but in general, the principle of a community property requires both spouses' participation in the decision to sell such property.

User Elachere
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