Somps v. Somps
Court of Appeal of California
58 Cal. Rptr. 304 (1967)
Relevant factsFree
During the marriage, Mr. Somps (defendant) used his separate funds, rather than available community-property funds, to buy investment property with a business partner; in the ensuing divorce, Mrs. Somps (plaintiff) claimed this violated his fiduciary duty as manager of community property, but the trial court found no breach.
IssueFree
Whether a husband, as sole manager of community-property funds, has a fiduciary duty to purchase investment property with community-property funds rather than his separate funds.