(a)A spouse has a claim against the other spouse for any breach of the fiduciary duty that results in impairment to the claimant spouse’s present undivided one-half interest in the community estate, including, but not limited to, a single transaction or a pattern or series of transactions, which transaction or transactions have caused or will cause a detrimental impact to the claimant spouse’s undivided one-half interest in the community estate.
(b)A court may order an accounting of the property and obligations of the parties to a marriage and may determine the rights of ownership in, the beneficial enjoyment of, or access to, community property, and the classification of all property of the parties to a marriage.
(c)A court may order that the name of a spouse shall be added to community property held in the name of the other spouse alone or that the title of community property held in some other title form
shall be reformed to reflect its community character, except with respect to any of the following:
(1)A partnership interest held by the other spouse as a general partner.
(2)An interest in a professional corporation or professional association.
(3)An asset of an unincorporated business if the other spouse is the only spouse involved in operating and managing the business.
(4)Any other property, if the revision would adversely affect the rights of a third person.
(d)(1)Except as provided in paragraph (2), any action under subdivision (a) shall be commenced within three years of the date a petitioning spouse had actual knowledge that the transaction or event for which the remedy is being sought occurred.
(2)An action may be commenced under this section upon the death of a spouse or in conjunction with an
action for legal separation, dissolution of marriage, or nullity without regard to the time limitations set forth in paragraph (1).
(3)The defense of laches may be raised in any action brought under this section.
(4)Except as to actions authorized by paragraph (2), remedies under subdivision (a) apply only to transactions or events occurring on or after July 1, 1987.
(e)In any transaction affecting community property in which the consent of both spouses is required, the court may, upon the motion of a spouse, dispense with the requirement of the other spouse’s consent if both of the following requirements are met:
(1)The proposed transaction is in the best interest of the community.
(2)Consent has been arbitrarily refused or cannot be obtained due to the physical incapacity, mental incapacity, or prolonged absence of the nonconsenting spouse.
(f)Any action may be brought under this section without filing an action for dissolution of marriage, legal separation, or nullity, or may be brought in conjunction with the action or upon the death of a spouse.
(g)Remedies for breach of the fiduciary duty by one spouse, including those set out in Sections 721 and 1100, shall include, but not be limited to, an award to the other spouse of 50 percent, or an amount equal to 50 percent, of any asset undisclosed or transferred in breach of the fiduciary duty plus attorney’s fees and court costs. The value of the asset shall be determined to be its highest value at the date of the breach of the fiduciary duty, the date of the sale or disposition of the asset, or the date of the award by the court.
(h)Remedies for the breach of the fiduciary duty by one spouse, as set forth in Sections 721 and 1100, when the breach falls within the ambit of Section 3294 of the Civil Code shall include, but
not be limited to, an award to the other spouse of 100 percent, or an amount equal to 100 percent, of any asset undisclosed or transferred in breach of the fiduciary duty.
Notes of Decisions
Cited in
42
cases (
15 in the last 5 years), 1996–2025 · leading case:
Burkle v. Burkle, 139 Cal. App. 4th 712 (Cal. Ct. App. 2006).
Burkle v. Burkle, 139 Cal. App. 4th 712 (Cal. Ct. App. 2006).
“Family Code section 1101, subdivision (d)(3), provides that “[t]he defense of laches may be raised in any action brought under this section.”
Palmer v. Hokanson, 98 Cal. Daily Op. Serv. 9284 (Cal. Ct. App. 1998).
· cites it 2× “) When, as here, a spouse has breached her fiduciary duty, but not in a manner displaying fraud, malice, or oppression within the meaning of Civil Code section 3294, Family Code section 1101, subdivision (g), governs the applicable remedies.”
Mele v. Mele (In Re Mele), 501 B.R. 357 (9th Cir. BAP 2013).
“Cal. Fam.Code § 1101(a) further provides: (a) A spouse has a claim against the other spouse for any breach of the fiduciary duty that results in impairment to the claimant spouse's present undivided one-half interest in the community estate, including, but not limited to, a…”
Walstad v. Walstad, 821 N.W.2d 770 (N.D. 2012).
· cites it 2× “See Cal. Fam. Code §§ 1101 , 2100 and 2120 et seq.”
Brewer v. Federici, 2001 Cal. Daily Op. Serv. 9946 (Cal. Ct. App. 2001).
“144; Fam. Code, § 1101 [claim for breach of fiduciary duty].”
Yeh v. Li-Cheng Tai, 227 Cal. Rptr. 3d 275 (Cal. Ct. App. 5th 2017).
“Family Code section 1101 Section 1101, subdivision (a) creates a cause of action for breach of fiduciary duty by one spouse against the other for impairment of the claimant spouse's undivided half interest in the community estate.”
Walker v. Walker, 138 Cal. App. 4th 1408 (Cal. Ct. App. 2006).
“Family Code section 1101, subdivision (g) provides that remedies for breach of fiduciary duty shall include an award to the other spouse of 50 percent of any asset transferred in breach of fiduciary duty.”
Maglica v. Maglica, 78 Cal. Rptr. 2d 101 (Cal. Ct. App. 1998).
“(e)) and provide for remedies for a breach of that duty (Fam. Code, § 1101). It would be contrary to what our Supreme Court said in Elden and to the evident policy of the law to promote formal (as distinct from common law) marriage to impose fiduciary duties based on a common…”
Kelly v. J.A.W. Land & Trading LLC, 499 B.R. 844 (S.D. Cal. 2013).
“2d 1002 (1996) (citing Cal. Fam.Code §§ 1101, 2602). When such debts arise out of fraud, however, “[a] marital union alone without a finding of a partnership or other agency relationship between spouses, cannot serve as a basis for imputing *860 fraud from one spouse to the…”
Marriage of Left CA2/2 (Cal. Ct. App. 2016).
· cites it 8× “” (Fam. Code, § 1101, subd. (g).) Pursuant to section 1101, subdivision (g), the court stated it must award one-half of the highest balance in the Sentry Global account to the petitioner at one of three dates: date of breach of the fiduciary duty, date of disposition of the…”
Marriage of Turner CA4/2 (Cal. Ct. App. 2020).
· cites it 5× “” (Fam. Code, § 1101, subd. (h); In re Marriage of Hokanson (1998) 68 Cal.”
— Cal. Family Code § 1101(a) — 1 case
Mele v. Mele (In Re Mele), 501 B.R. 357 (9th Cir. BAP 2013).
“Cal. Fam.Code § 1101(a) further provides: (a) A spouse has a claim against the other spouse for any breach of the fiduciary duty that results in impairment to the claimant spouse's present undivided one-half interest in the community estate, including, but not limited to, a…”
— Cal. Family Code § 1101(f) — 2 cases
— Cal. Family Code § 1101(g) — 1 case
— Cal. Family Code § 1101(h) — 1 case
Walstad v. Walstad, 821 N.W.2d 770 (N.D. 2012).
“See Cal. Fam. Code §§ 1101 , 2100 and 2120 et seq.”
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