Breach of Fiduciary Duty Cases

Breach of Fiduciary Duty

Experienced Attorney Resolving Family Law Matters

California Family Law states that in any marriage the partners owe a specific standard of duty of care to one another.  As part of this duty, they implicitly agree that they won’t lie to one another, defraud one another, or hide essential matters from one another.  This duty is a fiduciary duty and it is enforceable by law in the State of California.  The duty continues even after separation and until the final judgment or stipulation in the dissolution.  If your spouse (or your former spouse) has failed in these duties of candor, you may have a legal action based upon this breach of fiduciary duty.

For more than 13 years, Attorney Sam Christopher Allevato has been successfully helping people in Southern California with their family law cases.   We can successfully resolve even your most complex and complicated family law matters.

Contact the office today to schedule a confidential consultation with an experienced family lawyer at (714) 832-1166.

Handling All Situations Involving A Breach of Fiduciary Duty

“Breach of a fiduciary duty” is a term more commonly associated with business partners.  However, California specifically applies this duty to marital relationships as well.

  • If one partner fails to pay the mortgage and does not inform the other, ultimately resulting in the loss of property, this dishonestly may constitute a breach of fiduciary duty.
  • If one spouse uses jointly-owned property as collateral to obtain a loan without informing the other, this may constitute a breach of the duty.
  • If one spouse forges the other’s signature to refinance jointly owned property, that spouse may be committing fraud in addition to breaching the fiduciary duty.
  • During divorce, both spouses are legally obligated to disclose their assets and liabilities.  The omission of an asset or assets may constitute a breach of fiduciary duty.  If this isn’t discovered until after the case is resolved, this failure to disclose information may result in a set aside judgment request or an award to you of 100% of the assets plus attorney fees and costs.

If your spouse has been stealing from you, or placed you in a situation where you have outstanding financial obligations you never agreed to meet – you may have legal recourse.

Contact our offices today to discuss your concerns.  For a confidential consultation with Sam Christopher Allevato, Attorney at Law call (714) 832-1166 or contact us today online.