California’s Community Property System California is one of nine community property states in the United States. Under the community property system, most assets acquired and debts incurred during the marriage are considered community property and owned equally by both spouses, regardless of whose name is on the title. Upon divorce, community property is divided equally…

What Are Fiduciary Duties? In California, spouses are considered to be in a confidential relationship and owe each other heightened legal obligations called fiduciary duties. Fiduciary duties include the obligation to act honestly, transparently and in good faith with respect to community property assets and debts. Under Family Code section 721(b), this duty is the…