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Wilcox v. Wilcox

California Court of Appeal
98 Cal. Rptr. 319 (1971)


Mr. Wilcox (plaintiff) and Mrs. Wilcox (defendant) were married when Mrs. Wilcox took and hid from Mr. Wilcox approximately $30,000 of community-property funds and refused to give Mr. Wilcox access to those funds. Mr. Wilcox filed a suit against Mrs. Wilcox alleging these facts, and the trial court sustained a demurrer filed by Mrs. Wilcox on the grounds that there was no legal authority by which one spouse could sue another for mismanagement of community-property assets. Mr. Wilcox appealed the trial court's dismissal. On appeal, Mr. Wilcox alleged that the legal basis for his complaint was not that Mrs. Wilcox had mismanaged community funds, but rather that Mrs. Wilcox was in violation of California Civil Code § 5125 by interfering with his right to control community funds.

Rule of Law

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Holding and Reasoning (Coughlin, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
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