Droeger v. Friedman, Sloan & Ross
Supreme Court of California
54 Cal. 3d 26 (1991)
After Joanna Droeger filed for divorce from John Droeger (plaintiff), she hired the law firm Friedman, Sloan & Ross (defendant) and secured her promised attorney's fees with a promissory note backed by a deed of trust on two parcels of community real property - all without John's signature or consent. John sued to quiet title against the deed of trust; the firm argued the deed was at least valid against Joanna's own one-half community interest. The trial court sided with the firm, but the court of appeals reversed, holding John could invalidate the entire encumbrance under California statute.
Whether, under California law, the consent of both spouses is required to encumber, sell, or convey community real property while a marital dissolution action is pending.