Existing law provides that either spouse may enter into any real property transaction with the other or any other person, and in transactions between themselves are subject to the general rules governing fiduciary relationships, which are the same rights and duties governing nonmarital business partners. Existing law provides that this confidential relationship imposes a duty of the highest good faith and fair dealing on each spouse and prohibits each spouse from taking unfair advantage of the other. Existing law exempts certain circumstances from these provisions, including, among others, situations involving waivers of spousal rights.
California AB 327 (20192020) — Estates and trusts: at-death transfers.
Existing law provides that either spouse may enter into any real property transaction with the other or any other person, and in transactions between themselves are subject to the general rules governing fiduciary relationships, which are the same rights and duties governing nonmarital business partners. Existing law provides that this confidential relationship imposes a duty of the highest good faith and fair dealing on each spouse and prohibits each spouse from taking unfair advantage of the other. Existing law exempts certain circumstances from these provisions, including, among others, situations involving waivers of spousal rights.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.