Basis Was Failure to Disclose Separate Property, But 1101(h) Only Applies to Community Property Nondisclosures.
Husband was behind the “eight ball” in this one. He was hit with fees/sanctions under Family Code section 1101(h) for $245,850, under Family Code section 2107 for $150,000, and under Family Code section 217 for $250,000.
On appeal, husband got a partial break on the 1101(h) award in Marriage of Simmons, Case No. D060557 (4th Dist., Div. 1 Apr. 18, 2013) (partially published on 1101(h) issue).
Although finding that the other awards were justified, the appellate court found that the 1101(h) award had to be reversed because it only applied to nondisclosures relating to community property, not the separate property nondisclosure predicating the award. However, the court also remanded the case to see if its analysis altered the other awards under sections 2107 and 217.