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Fiduciary Duties

Learn about the fiduciary duties that spouses owe each other when exercising their respective rights to manage and control community property.

Transcript

Recall that spouses generally have equal rights to manage and control community property. Because each spouse has a one-half, undivided interest in such property, there’s a risk that one spouse may either intentionally or recklessly deplete community property to the other spouse’s detriment. The Family Code therefore specifies that marriage is a fiduciary relationship, with spouses owing each other the same duties as business partners owe each other. In the marriage context, the fiduciary...