Fiscal realities and duties play a larger role in defining the nature of marriage today than they did in the past. This Article sketches out the transition in California community property law from partial coverture-a system in which married women could own, but not manage or control, separate property in marriage-to skills-based fiduciary duties-an equal management system in which either spouse has the authority to manage and control marital property subject to statutorily enumerated fiduciary duties. Skills-based fiduciary duties create interspousal causes of action if breached; hence this Article offers prospective spouses a brief overview of the legal dimensions of property management in marriage.
The M Word: From Partial Coverture to Skills-Based Fiduciary Duties in Marriage,
22 Hastings Women's L. R. 257
Available at: https://repository.uchastings.edu/hwlj/vol22/iss2/2