“A spouse has a claim against the other spouse for any breach of the fiduciary duty that results in impairment to the claimant spouse’s present undivided one-half interest in the community estate, including, but not limited to, a single transaction or a pattern or series of transactions that have caused or will cause a detrimental impact to the claimant spouse’s undivided one-half interest in the community estate. (FC 1101(a).)
A court may order an accounting of the property and obligations of the spouses and may determine the rights of ownership in the beneficial enjoyment of, or access to, community property, and the classification of all property of the parties to a marriage. (FC 1101(b).)
In any transaction affecting community property in which the consent of both spouses is required, the court may, upon the motion of a spouse, dispense with the requirement of the other spouse’s consent if the proposed transaction is in the best interests of the community and the consent has been arbitrarily refused or cannot be obtained due to the physical incapacity, mental incapacity or prolonged absence of the nonconsenting spouse. (FC 1101(e).)
Any action may be brought under this section without filing an action for dissolution of marriage, legal separation or nullity; or an action under this section may be brought in conjunction with the action or upon the death of a spouse. (FC 1101(f).)
Remedies for breach of the fiduciary duty by one spouse must include an award to the other spouse of fifty (50) percent, or an amount equal to fifty (50) percent, of any asset undisclosed or transferred in breach of the fiduciary duty, plus attorney fees and court costs. The value of the asset will be determined to be its highest value at the date of the breach of the fiduciary duty, the date of the sale or disposition of the asset or the date of the award by the court. (FC 1101(g).)
Remedies for the breach of the fiduciary duty by one spouse, as set forth in FC 721 and 1100, when the breach falls within the ambit of Civil Code 3294 include, but are not limited to, an award to the other spouse of 100 percent, or an amount equal to 100 percent, of any asset undisclosed or transferred in breach of the fiduciary duty. (FC 1101(h).)”
[LW Greenberg, California Family Law]
