Full question:
I believe my Husband is doing things with property we have acquired during our marriage that I am not aware of. A friend told me that her Husband heard my Husband is preparing to leave me. What can I do?
- Category: Husband and Wife
- Subcategory: Fiduciary Duty
- Date:
- State: California
Answer:
Under California law, spouses have a duty of good faith and fair dealing towards each other, particularly regarding property acquired during the marriage. This means that each spouse must disclose relevant information and cannot act in ways that harm the other spouse.
According to the California Family Code, spouses can engage in transactions regarding property as if they were unmarried, but they must adhere to fiduciary duties, which require the highest level of good faith and fair dealing. Spouses cannot take unfair advantage of one another.
Key obligations include:
- Providing access to any records related to property transactions for inspection and copying.
- Giving truthful and complete information upon request about any transactions affecting community property.
- Accounting for any benefits or profits gained from transactions concerning community property without the other spouse's consent.
If you suspect your husband is hiding property dealings, it may be wise to consult with a legal professional to understand your rights and options.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.