Relation of Spouses in California

Division 4, Part 1, Chapter 2 of the California Family Code deals with the relation of spouses during the marriage. Section 720 provides that spouses contract toward each other obligations of mutual respect, fidelity, and support.

Section 721 specifies that each spouse may enter into any transaction with the other, or with any other person, respecting property, which either might if unmarried. In transactions between themselves, spouses are subject to the general rules governing fiduciary relationships that control the actions of persons occupying confidential relations with each other. This confidential relationship imposes a duty of the highest good faith and fair dealing on each spouse, and includes the same rights and duties of nonmarital business partners, including three specified requirements.