Transfers, Conveyances, Encumbrances and Leases of Real

Property: When Joinder Required.

(a)Except as otherwise provided in this Subsection and § 6109, either spouse has the management and control of the community real property, whether acquired prior to or after July 1, 1980, but both spouses must join in all transfers, conveyances or encumbrances or contracts to transfer, convey or encumber any interest in community real property and separate real property owned by the spouses as co-tenants in joint tenancy or tenancy in common. The spouses must join in all leases of community real property or COL1242015 CH. 6 COMMUNITY PROPERTY separate real property owned by the spouses as co-tenants in joint tenancy or tenancy in common if the initial term of the lease, together with any option or extension contained therein or provided for contemporaneously, may exceed five

(5)years, or if the lease is for an indefinite term. Any transfer, conveyance, encumbrance or lease or contract to transfer, convey, encumber or lease any interest in the community real property or in separate real property owned by the spouses as co-tenants in joint tenancy or tenancy in common, attempted to be made by either spouse alone in violation of the provisions of this Section shall be void and of no effect, except that either spouse may transfer, convey, encumber or lease directly to the other without the other joining therein. Except as provided above, either spouse may transfer, convey, encumber or lease separate real property without the other's joinder.

(b)Nothing in this Section shall preclude a married person from authorizing his spouse or another person to transfer, convey, encumber or lease, or contract to transfer, convey, encumber or lease, any community real property, or separate real property owned by the spouses as co-tenants in joint tenancy or tenancy in common, pursuant to a validly executed power of attorney.