Wilcox v. Wilcox

While married, Mrs. Wilcox (defendant) took and hid roughly $30,000 in community-property funds from Mr. Wilcox (plaintiff) and refused him access to them. He sued her, and the trial court sustained her demurrer on the theory that no legal basis existed for one spouse to sue the other over mismanagement of community assets. On appeal, Mr. Wilcox clarified that his claim rested not on mismanagement but on her violation of California Civil Code section 5125, which interfered with his statutory right to control community funds.

Whether a husband may sue his wife, while they remain married, to preserve his statutory right to manage and control community-property funds.