CALIFORNIA FAMILY LAW
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Community Property Issues
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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.