§7.06 General Fiduciary Duty of Spouses

Each spouse has a general fiduciary duty to the other spouse in the management and control of the community assets and liabilities. Spouses must act in accordance with the general rules governing fiduciary relationships that control the actions of persons having relationships of personal confidence. [FC §1100(e); see §7.07.]

This duty includes the obligation [FC §1100(e)]:

• To fully disclose to the other spouse all material facts and information regarding the existence, characterization, and valuation of all assets in which the community has or may have an interest, and debts for which the community is or may be liable; and
• On request, to provide equal access to all information, records, and books concerning the value and character of those assets and debts.

The fiduciary duty between spouses continues until the court or parties distribute the community assets and liabilities. [FC §1100(e).]