Family Code section 2602 - "Misappropriated Property"


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!




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.

Testimonials & Endorsements

  • “When I first called this law office and set up my initial consultation with Michael Peterson for my pending divorce, I was impressed with how professional and straight-to-the-point he was. He asked ...”

    - Seth C.
  • “Michael Peterson has been helping me successfully get through a particularly high conflict divorce and custody battle for the past 5 years. I highly recommend his services especially through ...”

    - Nicole G.
  • “Michael Peterson handled this case professionally from mediation to the final orders. Over the 15 month process he helped me view things from a non-emotional stand point which made everything less ...”

    - Demetria R.
  • “Found Mr Arnold to be very level headed and very brave to take on my divorce. He acted very professionally all the way through. Worked very well for us. We used the collaborative process."”

    - Lee M.
  • “When my divorce went to trial, it became imperative for me to hire an attorney. I live in Georgia, so I had to do over the phone consultations. When I spoke with Mr. Arnold, it just "felt right" and I ...”

    - Michelle H.

Contact Us

Call (760) 320-7915 or Fill Out This Form

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • Martindale Gold 2021
  • Martindale 2021
  • California Certified (CBLS)
  • Client Distinction - Thurman
  • Coachella Valley's Top lawyers
  • AAML
  • Super Lawyers - Michael
  • AV Preeminent - 2015
  • Avvo Rating - Superb Top Divorce Attorney
  • Super Lawyers - Thurman
  • Yelp