CALIFORNIA FAMILY LAW
...Community Property Issues
......Fiduciary Duty
.........Constructive Fraud
5 Cards On This Topic:
  • Spouses do not commit a constructive fraud by working in their s/p businesses during marriage.
  • H’s failure to keep promise to add W’s name to title after her quitclaim amounted to constructive fraud and undue influence.
  • W's refusal to reconvey H's property after promising to do so amounted to constructive fraud due to breach of a confidential relation.
  • As H entitled to relief on ground of constructive fraud arising out of the breach by W of confidential relations existing between them, failure to make a finding actual fraud was immaterial.
  • Undue influence defined.