CALIFORNIA FAMILY LAW
...Community Property Issues
......Duties/Management & Control
.........Actions Held Not a Breach of Duty
8 Cards On This Topic:
  • No duty keep detailed books and records of c/p transactions.
  • There is no duty to pay c/p expenses with s/p when c/p is available to do so; spouse may preserve own s/p.
  • No breach of fiduciary duty where H initially failed to disclose assets to W but did disclose well in advance of trial and she suffered no prejudice.
  • H did not breach fiduciary duty of full disclosure upon request where W did not make request or, when she did, sometimes got an answer.
  • H not bound by Prudent Investor Rule and did not owe to W the duty of care one business partner owes to another.
  • H may enter into business contract adversely affecting c/p so long as he receives "valuable" as opposed to "adequate" consideration.
  • Spouse may not set aside transfer of business personalty if made for valuable consideration.
  • Cases discussing fiduciary duty.