During the marriage, California law imposes the duty of the highest good faith and fair dealing with one another. If one spouse gains an advantage from a transaction, a presumption of undue influence arises. That spouse has the burden of proof to show that fiduciary duty was not breached. This is satisfied by showing voluntariness and full disclosure at the time that the transaction or disposition occurred.

A breach of a spouse’s fiduciary duty occurs when there have been grossly negligent and reckless investments of community funds; not disclosing business investments or transactions, and lying about existing assets owned. If you think a breach of fiduciary duty has been breached by your spouse, allow our family law lawyers to better assess your situation for purposes of evaluating your remedial options moving forward in your relationship.