The Marriage of Duffy, 2001 case serves as threshold guidance for divorces filed in California for breach of marital fiduciary duty a spouse owes to the other spouse during marriage. Asset title changes, transfers, undocumented loans and withdrawals are common. And FIDUCIARY ACCOUNT analysis is often part of a Duffy Analysis™.
In addition to case specific facts, marriage of Duffy, about a dozen other cases relate to CA divorces claiming breach of spousal marital fiduciary duty during marriage including separation,
Breach of marital fiduciary may have its roots in breach of fiduciary duty in a FIDUCIARY ACCOUNT such as a spouse’s fiduciary duty when acting as (or as de-facto) trustee, officer, director of a community or separate property entity such as a family – owned or closely-held business entity (S Corp, LLC, LLP, etc.) or a non-profit, foundation or endowment board member.
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