Fossum

I concur in the majority opinion except for part 3. of the Discussion, from which I respectfully dissent.

Assuming that Family Code section 1101, subdivision (g), does provide for a mandatory award of attorney fees, the statute is not self-executing (and the majority does not hold that it is self-executing). 1 If Edward did not ask the trial court for an award of attorney fees pursuant to that statute, then he cannot complain on appeal of the trial court’s failure to give him one. {In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 826 [ 79 Cal.Rptr.3d 588 ]; In re Marriage of Hinman (1997) 55 Cal.App.4th 988, 1002 [ 64 Cal.Rptr.2d 383 ].) It is Edward’s burden, as appellant, to provide us with a record sufficient to demonstrate his entitlement to relief. (Rancho Santa Fe Assn. v. Dolan-King (2004) 115 Cal.App.4th 28, 46 [ 8 Cal.Rptr.3d 614 ].) Nothing in the record on appeal shows that Edward ever asked the trial court for an award of attorney fees pursuant to section 1101, subdivision (g). It is possible that he requested such an award orally at the hearing in July 2008, but he did not provide us with a transcript of that hearing. As appellant, Edward must bear the…

Appellant Edward Possum and his ex-wife, respondent Sandra Possum, 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 *339 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 the 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, we conclude Edward is correct.

FACTUAL AND PROCEDURAL BACKGROUND

Edward and Sandra Fossum were married in…