---
title: "Flag transfers and missing records for a fiduciary-duty review"
url: "https://ailawframework.com/practice/family-law/analyse-financial-disclosure-for-dissipation-and-missing-documents/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A16-B6-1-US"
practice_area: "Family Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Flag transfers and missing records for a fiduciary-duty review

> From the statements and the asset table, list transfers, new accounts and withdrawals with date, amount, the payee as printed, and the page. List documents named in the correspondence that are not in the file.…

Canonical page: https://ailawframework.com/practice/family-law/analyse-financial-disclosure-for-dissipation-and-missing-documents/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Family Law](https://ailawframework.com/practice/family-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the statements and the asset table, list transfers, new accounts and withdrawals with date, amount, the payee as printed, and the page. List documents named in the correspondence that are not in the file. Make no finding of breach. |
| What the lawyer must review | Family Code § 1101(a) gives a spouse a claim for a breach of fiduciary duty that impairs that spouse's present undivided one-half interest in the community estate, including a single transaction or a pattern. Section 1101(g) includes a remedy of 50 percent, or an amount equal to 50 percent, of an asset undisclosed or transferred in breach, plus attorney's fees and costs. Value is the highest of the date of breach, the date of sale or disposition, or the date of the award. You decide whether any row is a breach. Section 1101(h) states a 100 percent remedy when the breach falls within Civil Code § 3294. Open § 3294 before you rely on subsection (h). An action under § 1101(a) is commenced within three years of actual knowledge of the transaction, except as § 1101(d)(2) provides. |
| Written for | United States |
| Applies to | [Analyse financial disclosure for dissipation and missing documents](https://ailawframework.com/practice/family-law/analyse-financial-disclosure-for-dissipation-and-missing-documents.md) |

## Checking plan

- What the AI does: From the statements and the asset table, list transfers, new accounts and withdrawals with date, amount, the payee as printed, and the page. List documents named in the correspondence that are not in the file. Make no finding of breach.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Section 1101 is a California community-property remedy. A separate-property state uses a different theory.
- The three-year period in § 1101(d)(1) runs from actual knowledge. Read subsection (d)(2) before you calculate a deadline.

## Sources

- [California Family Code § 1101 (remedies for breach of fiduciary duty between spouses)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=1101.) (checked 2026-10-22)
- [California Family Code § 2100 (disclosure of assets, liabilities, income and expenses)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=2100.) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*