CALIFORNIA FAMILY LAW
...Community Property Issues
......Duties/Management & Control
.........Action for Breach During Marriage
11 Cards On This Topic:

Spouse has cause of action against other for breach of duty of good faith resulting in impairment of c/p.

Court may order accounting of c/p and determine character, control and access to c/p.

Spouse's name may be ordered added to c/p asset, except with respect to certain business interests.

3 year statute of limitations, unless in conjunction with dissolution.

Defense of laches may be raised.

Statute applies only to transactions occurring on or after 7/1/87.

Spouse's consent required under this statute may be dispensed with by court.

Action may be brought independent of dissolution.

Remedy for breach of fiduciary duty is award equal to at least 50% of undisclosed or transferred asset plus attorney fees and costs.

If damages due to breach of fiduciary duty arise from oppression fraud or malice damages can be 100% of undisclosed or transferred asset.

W's declaratory relief C/A not time-barred—per FC 1101(d), no limitations period applies to claims brought under FC 1101(b) except for laches, when the marriage ends though litigation or death.