One Spouse Cannot Transfer Entire Property Without the Other Spouse

In a recent action to quiet title, on a motion for summary judgment, respondent established that they had purchased title from a married couple and that appellant’s deed of trust came from only one spouse. Neither spouse has any interest that they convey alone because property acquired by a married couple is presumed to be held by the entirety. Appellant’s deed of trust did not support an equitable lien because it was not from both spouses.

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