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Breach of Fiduciary Duty

Family Law Attorney in Oakland, California

Spouses have fiduciary duties to each other of loyalty, care and disclosure regarding their property. Courts view any breach of fiduciary duty quite seriously.

If you are contemplating divorce, you need to be especially careful regarding transfer or disposition of your property. You should get the advice of a lawyer before transferring or converting community property without the knowledge and consent of your spouse.

I am Michael A. Gardner, a family law attorney with more than 20 years experience. My practice is focused on divorces involving large marital estates and complex property issues. I can provide you with advice and representation designed to protect your rights and interests during the divorce process. If you believe your spouse has acted in bad faith or breached his or her fiduciary duty, I will provide vigorous representation to assert your rights and protect your property interests.

Contact me by e-mail or call 510-291-4884 for a consultation.

Improper Transfers and Dissolution of Community Property

In a run up to a divorce, a spouse may attempt to transfer community assets to a third party. Ordinarily, one cannot transfer title to real estate that is community to a third party without the knowledge and consent of the other spouse. I can advise you when it is permissible to transfer title to real property during marriage, and when it is not. My goal will be to protect your interests and prevent a possible breach of fiduciary duty.

Another problem can arise when a spouse intentionally hides community assets in order to deny the other spouse his or her proper share. Courts can punish the wrongdoer by awarding the innocent spouse with additional assets and substantial attorneys fees.

Before you make any moves, consult with me about your community property rights and responsibilities. If you suspect your spouse has committed a breach of fiduciary duty, I will diligently represent you to protect your rights and property interests.

Contact a Lawyer Today

For a consultation with Gardner & Lewis LLP, call 510-291-4884 or send an e-mail.

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I first met Mr. Gardner when I desperately needed help with an out-of-control divorce and custody situation. He was very attentive, thoroughly responsive, and absolutely compassionate as he helped me regain mental focus and legal control. Few attorneys practice their craft with the level of transparency and trust Mr. Gardner's clients enjoy as a matter of routine. As a senior management professional in a large Bay Area organization, I truly appreciate Mr. Gardner's no-nonsense, trustworthy, experienced approach solving legal problems.

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