Protecting Clients from a 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 in Oakland, CA, 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 510-451-4822 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 510-451-4822 or send an e-mail.
“The needs of your family are always at the forefront of our legal services. Whether through litigation or mediation, we believe that reaching a fair, efficient solution with minimal negative impact to your family is of the utmost importance.” Henry F. Lewis