In re Marriage of SANDRA and EDWARD FOSSUM
Appellant Edward Fossum and his ex-wife, respondent Sandra Fossum purchased a house in 1994. To obtain the best interest rate, the property was purchased in Edward's[1] name alone, but later title was placed in both spouses' names. In 1998, the parties agreed to enter into the same arrangement in order to obtain a good interest rate on a loan to refinance their home. Sandra quitclaimed her interest in the property to Edward, but he never restored Sandra's name to title. Following trial in this action, the trial court determined the house was community property. Edward contends that ruling was in error. We affirm.
Prior to the parties' separation, Sandra took a cash advance on a credit card of $24,000, but never disclosed the transaction to Edward. The trial court found Sandra had breached her statutory fiduciary duty to her spouse. (Fam. Code, § 721, subd. (b).)[2] Edward contends the trial court erred when it refused to award him attorney fees, which are mandated under section 1101, subdivision (g), for Sandra's fiduciary violation. On this point, Court conclude Edward is correct.
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