MBE Rules · Community Property
Conduct-Based Sanctions
Cal. Fam. Code § 271
The rule
Fee-and-cost sanctions punish conduct frustrating settlement and cooperative litigation; no showing of need is required, and the sanction is payable from the offender's share.
In plain English
Conduct-based sanctions are penalties imposed on a party for behavior that obstructs settlement efforts or cooperative litigation. These sanctions do not require proof of financial need and are deducted from the offending party's share of any community property.
Worked example
In a divorce case, Husband consistently fails to provide requested financial documents, delaying the settlement process. The court imposes a fee-based sanction on Husband, requiring him to pay the attorney fees incurred by Wife due to his noncompliance. As a result, the fees are deducted from Husband's share of the community property.
Memory hook
Sanctions for bad behavior come straight from your pocket!
The trap
Exams may present scenarios where students mistakenly believe they need to show financial need for sanctions to apply, which is not required under this rule. Students should focus on the conduct rather than the financial circumstances.
How examiners test it
Questions often involve a fact pattern where one party's obstructive behavior leads to sanctions, testing the candidate's understanding of the conduct-based nature of the penalties.
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More Community Property rules
- Interspousal Fiduciary Duty · Cal. Fam. Code § 721; § 1100(e)
- Management and Control of CP · Cal. Fam. Code § 1100(a)-(d)
- Equal Division at Dissolution · Cal. Fam. Code § 2550
- Putative Spouse Doctrine · Cal. Fam. Code § 2251
- Business Goodwill · Marriage of Foster (goodwill)
- Severance Pay · Severance pay (Cal.)