I Keep Hearing About Interspousal Fiduciary Duties. What is this About?
Fiduciary duties between spouses can have a completely unforeseen and unexpected affect on the division of property in California divorce or dissolution of domestic partnerships. Presumptions of undue influence can arise that cause self-dealing transactions favoring one spouse over the other to be set aside. They include an obligation to be truthful and disclose all material information to the other spouse or partner, and limit one spouse’s rights to control assets.