Family Code section 2602 - "Misappropriated Property"

THURMAN'S BREACH OF FIDUCIARY DUTY TIPS:

Family Code Section 2602 - Deliberate Misappropriation of Community Property

Family Code section 2602 is, in my mind, a particularly important breach of fiduciary duty statute. So many divorces involve power plays over assets that one party takes control of early on in the case, to the exclusion of the other. It is, sadly, all too common. Section 2602 is a statute you will want to consider invoking if you are a victim of such shennigans. Opinions vary among expert family law attorneys whether the other side should be expressly placed on notice that you view their conduct as being the sort this section is intended to address. I always believe the other side should be put on notice of specific violations of the law, but I can imagine situations where one might want to permit the misappropriation to continue rather than back the other side down.

We've written dozens of articles about interspousal breaches of fiduciary duties!


CALIFORNIA FAMILY CODE

DIVISION OF PROPERTY

SPECIAL RULES FOR DIVISION OF COMMUNITY ESTATE

Family Code 2602

As an additional award or offset against existing property, the court may award, from a party's share, the amount the court determines to have been deliberately misappropriated by the party to the exclusion of the interest of the other party in the community estate.

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