Kris Humphries Wants Kim Kardashian to Disclose How Much Money She’s Making
Kris Humphries is asking a judge to enforce Kim Kardashian’s duty to disclose how much money the couple made during the course of their 72-day marriage and is challenging Kim's right to give away money that represents the value of the wedding gifts they received. Kim is reportedly keeping the wedding gifts but giving double the value to charity, prompting Kris to demand Kim turn over a full accounting of the assets and debts accumulated during the marriage.
According to California Family Code Section 2100, Kim is required to make a full and complete disclosure of all assets and liabilities in which she may have an interest, whether community or separate, together with a disclosure of her income and expenses. The purpose being the preservation and protection of assets and prevention of their dissipation, fair awards of support, division of community property assets and liabilities as provided by the law, and reduction of the adversarial nature and costs of divorce. Kris has already complied and turned over his bank records and credit card statements, but Kim is apparently dragging her heels.
Each party is subject to a fiduciary duty standard, as outlined in Family Code Section 721, from the date of separation until the date of distribution of the community assets and liabilities. Pursuant to Section 721(b), “Husband and Wife are subject to the general rules governing fiduciary relationships which control the actions of persons occupying confidential relations with each other…impos[ing] a duty of the highest good faith and fair dealing on each spouse.”
Kim better stop stalling and comply with Kris’ request or he can file a motion to compel a further response from Kim or file a motion for an order preventing her from presenting evidence on issues that should have been covered in the declaration of disclosure. Kim’s non-compliance could result in sanctions to deter her from any further noncompliant conduct. (Cal. Fam. Code Section 2107.) Kris may also have a claim against Kim for a breach of fiduciary duty if the breach results in impairment to his half of the community property under Family Code Section 1101. The remedies available to Kris for breach of the fiduciary duty would include an award of 50 percent, or an amount equal to 50 percent, of any asset undisclosed or transferred in breach of the fiduciary duty plus attorney's fees and court costs.
Kris is also challenging Kim’s sizable donation to charity of double the amount of the value of their wedding gifts citing Family Code Section 1100, "a spouse may not make a gift of community personal property, or dispose of community personal property for less than fair and reasonable value, without the written consent of the other spouse." Additionally, upon filing a petition for dissolution, each party is temporarily restrained from “transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate, without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of life.” (Standard Family Law Restraining Orders.) Whether or not Kim’s donation is coming out of the community or her separate property, legally, she needs Kris’ written permission before making this gift to charity.
Given the importance of the duty of disclosure and the consequences of noncompliance with the duty, it would be wise to consult with an attorney who is familiar with the disclosure requirements. At Mello & Pickering, LLP, we can advise regarding what disclosures are required and help gather the information which must be disclosed. Call us today to set up a free phone consultation or a one hour consultation at our offices at (408) 288-7800.