AB 380, as introduced, Waldron. Marriage: putative spouses.
Existing law specifies the circumstances under which a marriage is void or voidable. Existing law requires a court, if a determination is made that a marriage is void or voidable and either party believed in good faith that the marriage was valid, to declare the party or parties to have the status of putative spouse and to divide the property that would have been community property if the marriage was valid as if it were community property.
This bill would prohibit the court from making these declarations or orders unless the party or parties that believed in good faith that the marriage was valid request the court to do so.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 2251 of the Family Code is amended to
2read:
(a) If a determination is made that a marriage is void or
4voidable and the court finds that either party or both parties
5believed in good faith that the marriage was valid, the court shall:
P2 1(1) Declare the party or parties to have the status of a putative
2spouse.
3(2) If the division of property is in issue, divide, in accordance
4with Division 7 (commencing with Section 2500), that property
5acquired during the union which would have been community
6property or quasi-community property if the union had not been
7void or voidable. This property is known as “quasi-marital
8begin delete property”.end deletebegin insert
property.”end insert
9(b) If the court expressly reserves jurisdiction, it may make the
10property division at a time after the judgment.
11(c) A court shall not make the orders or declarations authorized
12in subdivision (a) unless the party or parties that believed in good
13faith that the marriage was valid request the court to do so.
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