CALIFORNIA FAMILY LAW
...Community Property Issues
......Duties/Management & Control
.........Actions Held Breach of Duty
11 Cards On This Topic:

The fact the community ultimately benefited from a portion of an undisclosed transaction does not excuse the impairment caused by the failure to disclose all of it.

Family Law disclosure requirements do not seek to redress civil injuries to a victim; rather, they create incentives for divorcing parties to be candid with each other and the court.

The scope of the parties' disclosure obligations in a marriage partnership depends on their partnership agreement; sua sponte duty to disclose arises when their conduct varies from that agreement.

H properly charged with increased value of stocks he sold in violation of ATROs.

Actions for damages for breach of duty of care during marriage limited to grossly negligent or reckless conduct, intentional misconduct, or a knowing violation of law.

Fiduciary standard properly applied due to H's management of c/p funds over W's objection and making imprudent loan from frozen account.

W’s failure to disclose information that she was in a superior position to obtain about nature and value of assets held breach of fiduciary duty.

Wife liable for attorney fees and lost value due to her refusal to comply with court order to sell family residence.

Using c/p asset to pay off s/p obligation held to be violation of duty to manage c/p in good faith.

Although H not held to standard of trustee, he may not obtain "unfair advantage" over W; H must account for funds received immediately prior to separation or be charged for them.

Voidability of gifts of c/p; naming others as beneficiaries of death benefit proceeds.