California Family Code Section 1101
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California Laws > Family Code > California Family Code Section 1101
1101. (a) A spouse has a claim against the other spouse for any
breach of the fiduciary duty that results in impairment to the
claimant spouse's present undivided one-half interest in the
community estate, including, but not limited to, a single transaction
or a pattern or series of transactions, which transaction or
transactions have caused or will cause a detrimental impact to the
claimant spouse's undivided one-half interest in the community
(b) A court may order an accounting of the property and
obligations of the parties to a marriage and may determine the rights
of ownership in, the beneficial enjoyment of, or access to,
community property, and the classification of all property of the
parties to a marriage.
(c) A court may order that the name of a spouse shall be added to
community property held in the name of the other spouse alone or that
the title of community property held in some other title form shall
be reformed to reflect its community character, except with respect
to any of the following:
(1) A partnership interest held by the other spouse as a general
(2) An interest in a professional corporation or professional
(3) An asset of an unincorporated business if the other spouse is
the only spouse involved in operating and managing the business.
(4) Any other property, if the revision would adversely affect the
rights of a third person.
(d) (1) Except as provided in paragraph (2), any action under
subdivision (a) shall be commenced within three years of the date a
petitioning spouse had actual knowledge that the transaction or event
for which the remedy is being sought occurred.
(2) An action may be commenced under this section upon the death
of a spouse or in conjunction with an action for legal separation,
dissolution of marriage, or nullity without regard to the time
limitations set forth in paragraph (1).
(3) The defense of laches may be raised in any action brought
under this section.
(4) Except as to actions authorized by paragraph (2), remedies
under subdivision (a) apply only to transactions or events occurring
on or after July 1, 1987.
(e) In any transaction affecting community property in which the
consent of both spouses is required, the court may, upon the motion
of a spouse, dispense with the requirement of the other spouse's
consent if both of the following requirements are met:
(1) The proposed transaction is in the best interest of the
(2) Consent has been arbitrarily refused or cannot be obtained due
to the physical incapacity, mental incapacity, or prolonged absence
of the nonconsenting spouse.
(f) Any action may be brought under this section without filing an
action for dissolution of marriage, legal separation, or nullity, or
may be brought in conjunction with the action or upon the death of a
(g) Remedies for breach of the fiduciary duty by one spouse,
including those set out in Sections 721 and 1100, shall include, but
not be limited to, an award to the other spouse of 50 percent, or an
amount equal to 50 percent, of any asset undisclosed or transferred
in breach of the fiduciary duty plus attorney's fees and court costs.
The value of the asset shall be determined to be its highest value
at the date of the breach of the fiduciary duty, the date of the sale
or disposition of the asset, or the date of the award by the court.
(h) Remedies for the breach of the fiduciary duty by one spouse,
as set forth in Sections 721 and 1100, when the breach falls within
the ambit of Section 3294 of the Civil Code shall include, but not be
limited to, an award to the other spouse of 100 percent, or an
amount equal to 100 percent, of any asset undisclosed or transferred
in breach of the fiduciary duty.
Last modified: February 22, 2013