32-912. CONTROL OF COMMUNITY PROPERTY. Either the husband or the wife shall have the right to manage and control the community property, and either may bind the community property by contract, except that neither the husband nor wife may sell, convey or encumber the community real estate unless the other joins in executing the sale agreement, deed or other instrument of conveyance by which the real estate is sold, conveyed or encumbered, and any community obligation incurred by either the husband or the wife without the consent in writing of the other shall not obligate the separate property of the spouse who did not so consent; provided, however, that the husband or wife may by express power of attorney give to the other the complete power to sell, convey or encumber community property, either real or personal. All deeds, conveyances, bills of sale, or evidences of debt heretofore made in conformity herewith are hereby validated.
History:
[(32-912) 1866, p. 65, sec. 9; 1885, p. 137, sec. 1; R.S., sec. 2505; reen. R.C., sec. 2686; am. 1913, ch. 105, p. 425; am. 1915, ch. 75, sec. 1, p. 187; compiled and reen. C.L., sec. 2686; C.S., sec. 4666; I.C.A., sec. 31-913; am. 1945, ch. 18, sec. 1, p. 26; am. 1974, ch. 194, sec. 2, p. 1502; am. 1991, ch. 63, sec. 1, p. 157.]
Structure Idaho Code
Chapter 9 - HUSBAND AND WIFE — SEPARATE AND COMMUNITY PROPERTY
Section 32-901 - MUTUAL OBLIGATIONS.
Section 32-903 - SEPARATE PROPERTY OF HUSBAND AND WIFE.
Section 32-904 - SEPARATE PROPERTY OF WIFE — MANAGEMENT.
Section 32-905 - SEPARATE PROPERTY OF WIFE — MARRIAGE SETTLEMENT NOT AFFECTED.
Section 32-906A - COMMUNITY PROPERTY CONVEYED IN A REVOCABLE TRUST REMAINS COMMUNITY PROPERTY.
Section 32-907 - INVENTORY OF WIFE’S PROPERTY.
Section 32-908 - EFFECT OF FILING INVENTORY.
Section 32-909 - EARNINGS OF WIFE LIVING SEPARATE FROM HUSBAND [UNCONSTITUTIONAL].
Section 32-910 - LIABILITY FOR ANTENUPTIAL DEBTS.
Section 32-911 - WIFE’S LIABILITY FOR PERSONAL DEBTS.
Section 32-912 - CONTROL OF COMMUNITY PROPERTY.
Section 32-913 - PAYMENTS FROM EMPLOYEE BENEFIT PLANS — ADVERSE CLAIMS.
Section 32-914 - CURTESY AND DOWER ABOLISHED.
Section 32-916 - PROPERTY RIGHTS GOVERNED BY CHAPTER.
Section 32-917 - FORMALITIES REQUIRED OF MARRIAGE SETTLEMENTS.
Section 32-918 - MARRIAGE SETTLEMENTS — RECORD.
Section 32-919 - MARRIAGE SETTLEMENTS — EFFECT OF RECORD.
Section 32-920 - MARRIAGE SETTLEMENTS — CAPACITY OF MINOR.
Section 32-924 - EFFECT OF MARRIAGE — AMENDMENT — REVOCATION.
Section 32-926 - ENFORCEMENT — VOID MARRIAGE.
Section 32-927 - LIMITATION OF ACTIONS.