Chapter 2. Relation Of Spouses of California Family Law Code >> Division 4. >> Part 1. >> Chapter 2.
Spouses contract toward each other obligations of mutual
respect, fidelity, and support.
(a) Subject to subdivision (b), either spouse may enter into
any transaction with the other, or with any other person, respecting
property, which either might if unmarried.
(b) Except as provided in Sections 143, 144, 146, 16040, and 16047
of the Probate Code, in transactions between themselves, spouses are
subject to the general rules governing fiduciary relationships that
control the actions of persons occupying confidential relations with
each other. This confidential relationship imposes a duty of the
highest good faith and fair dealing on each spouse, and neither shall
take any unfair advantage of the other. This confidential
relationship is a fiduciary relationship subject to the same rights
and duties of nonmarital business partners, as provided in Sections
16403, 16404, and 16503 of the Corporations Code, including, but not
limited to, the following:
(1) Providing each spouse access at all times to any books kept
regarding a transaction for the purposes of inspection and copying.
(2) Rendering upon request, true and full information of all
things affecting any transaction that concerns the community
property. Nothing in this section is intended to impose a duty for
either spouse to keep detailed books and records of community
(3) Accounting to the spouse, and holding as a trustee, any
benefit or profit derived from any transaction by one spouse without
the consent of the other spouse that concerns the community property.