Sometimes people discover legal claims they have against others, but don't live long enough to enforce them. In the context of gifts of community property made without consent, it's possible that your claim would outlive you, such that a personal representative of your estate may enforce those rights.

Going back to first principals, keep in mind that each spouse has an interest in community property, and each spouse has the right to transfer 1/2 of the community property upon his or her death.

Therefore, if your spouse made a gift of community property without your consent, then you or the personal representative of your estate (if you passed away), may attempt to void the gift.

The law only allows the non-consenting spouse (or his or her personal representative) to seek legal action to set aside the gift. In other words, the gifting party can't benefit from this rule, and is bound by the actions he or she took in making the gift. As to his or her interest, the gift is valid.