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Hastings Women’s Law Journal

Authors

Jo Carrillo

Abstract

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.

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