Subsequently, the woman claims that she is interested in the IRA and claims that the funds are a common property. The husband claims that the wife transformed her collective property into her separate property when she signed the declaration of acceptance of the change in unshakability. However, when the summary of the sentence against the husband was recorded, the summary created a valid right of pledge over all of his common property, including the property that now belongs exclusively to the wife. The judgment that was annexed to the patrimony while it was still a common property, before the dissolution of the marriage. [Lezine v. Security Pacific Financial Services, Inc. (1996) 14 C4th 56] A transmutation occurs when a married person or couple transfers personal or real property from: Approximately one month after the advertisement was signed, Ms. Bettencourt and her husband sold the property to a third party, after which the applicant brought this action against her husband and wife to recover a brokerage commission. For a written declaration of conversion of ownership of Community property into separate property from a spouse, the declaration must contain an explicit statement clarified that the spouse transfers the right of ownership of the immovable property throughout the Community. The applicant places the husband`s responsibility on the theory of tacit agency and asserts that the signature of a husband or wife under the listing contract of a real estate agent is sufficient for the sale of collective real estate to bind both his husband and wife. No authority is cited to support the argument and we cannot find any.

On the contrary, Section 1624 of the Civil Code provides in part relevant: “The following contracts are not valid, unless the same note or a memorandum is signed in writing and signed by the dependent party or his agent: within one year, the non-inclusive spouse learns of the sale and lodges an appeal to cancel the transaction, by asserting common ownership of the property. The buyer asserts that it is a bona bona bona foi buyer who, at the time of the sale, was unaware of the seller`s marriage. Does the wife have a common interest in her husband`s IRA? Other instruments and institutions that may be used to authorise the management and control of Community property by a spouse are: The ability of a husband to sell a house without his wife depends on how the spouses hold the right to reside, whether the property was acquired during the marriage and the national law in force in matrimonial matters. . . .