Spouses Owe Each Other a Fiduciary Duty
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If one spouse encumbers community property without the other spouse’s knowledge, a breach of fiduciary duty may be found by the court.
Category: Property Division
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An Interspousal Deed May Validly Transfer Property to a Spouse
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Depending on the circumstances, a court may uphold a transfer of community property to separate property.
Transmutation of Property
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Transmutation of property is the transfer of property from community property to separate property, separate property to community property, or one party’s separate property to the other party’s separate property.
Military Benefits in a Divorce
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Military benefits are not always divided equitably.
Community Property is Divided in Half
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Assets acquired during marriage are divided in half.
Tracing Separate Property
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During marriage separate property and community property may be commingled.