Family Law, Section 1100, has always come as a bit of a surprise to some seeking to have their marriages dissolved. In particular, subsection (e):
“Each spouse shall act with respect to the other spouse in the management and control of the community assets and liabilities in accordance with the general rules governing fiduciary relationships which control the actions of persons having relationships of personal confidence as specified in Section 721, until such time as the assets and liabilities have been divided by the parties”. Section 721(b) “… The confidential relationship imposes a duty of the highest good faith and fair dealing on each spouse, and neither shall take any unfair advantage of the other.”
Translation: Hide nothing. Answer every question completely and truthfully. If an asset might include a community interest, tell all.
It is fair to suggest that if a couple applies such a level of truthfulness to every issue or relationship during the course of their marriage, they are probably not going to end up getting divorced, ever!
Not long ago, as part of my preparation of a California dissolution of marriage case on behalf of the husband, his soon-to-be ex-wife alleged that he owned rental property in Lebanon. Twice during the marriage, they vacationed in Lebanon, visiting with members of husband’s family at a vacation home up in the mountains. When his wife raised this issue, my client looked like he did not know whether to laugh or cry.
He didn’t understand how it might be relevant to their divorce. I had to explain that if she proved he received rents, that would raise the amount she might get in alimony. If he had used any of his earnings during the marriage to make improvements on the property in Lebanon, she might claim she was entitled to reimbursement or, even, that she now had a partial ownership interest in the property.
At this point, he looked at me trying to decide if I was crazy or if divorce laws in California were written by a bunch of crazies.
Just when you think the laws and procedures involved in a California divorce could not get anymore complex, in some cases, we now have to review the case for federal tax issues.
Any person considering filing for dissolution of their marriage in California who has family or investments offshore might want to speak a qualified tax attorney first.
For more information about support and other family law matters, contact the Reape-Rickett Law Firm at 661-288-1000. They are located at 25152 Springfield Court, Suite 100 in Valencia.