Play video

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...

Lessons

1. Welcome to California Community Property
  • Welcome to California Community Property
2. Property in the Marriage Context
  • Creation of the Marital Economic Community
  • Community Property Versus Separate Property
  • The Characterization Process
3. Characterizing Property
4. Management, Control, and Liability
  • Management and Control of Personal Property
  • Management and Control of Real Property
  • Fiduciary Duties
  • Liability for Debts
5. Modifying Rules by Agreement
  • Premarital Agreements
  • Defenses to Premarital Agreements
  • Transmutation Agreements
6. Distribution on Dissolution or Death
  • The Dissolution Process
  • The Impact of Separation
  • The Distribution of Assets and Debts on Dissolution
  • Spousal and Child Support
  • The Distribution of Assets and Debts on Death
7. Nonmarital Relationships Affecting Property
  • Registered Domestic Partnerships
  • Void and Voidable Marriages
  • Marvin Relationships