BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 380


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          380 (Waldron)


          As Amended May 14, 2015


          Majority vote


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          |ASSEMBLY:  |79-0  |(April 13,     |SENATE: |39-0  |(July 6, 2015)   |
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          Original Committee Reference:  JUD.


          SUMMARY:  Limits who may be declared a putative spouse.   
          Specifically, this bill provides that a court, in a proceeding to  
          nullify a void or voidable marriage, may not declare parties to be  
          putative spouses or divide property as if the marriage had not  
          been void or voidable, unless requested to do so by the party or  
          parties who believed in good faith that the marriage was valid.


          The Senate amendments were technical and clarifying.


          EXISTING LAW:  


          1)Defines marriages that are either void (involving incest or  
            bigamy) or voidable (including marriages in which one party was  
            incapable of consent, the spouse of one party was absent for at  
            least five years, or consent obtained by fraud or force).  








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          2)Provides a procedure to nullify a void or voidable marriage.


          3)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 that party or parties to have  
            the status of putative spouse (the party or parties who believed  
            in good faith that the marriage was valid) and to divide the  
            property that would have been community property if the marriage  
            had been valid as if it were community property.  


          4)Allows for an award of spousal support in the same manner as if  
            the marriage had not been void or voidable, but only to a  
            putative spouse.  


          5)Allows an award of attorneys' fees for nullity of a void or  
            voidable marriage, but only to a party found to be innocent of  
            fraud or wrongdoing in inducing or entering the marriage and  
            free from knowledge of any matter for which nullity is sought.  


          6)Defines community property as all property acquired by a married  
            person during the marriage, and provides that community property  
            is to be divided to the parties equally on dissolution of the  
            marriage.  


          FISCAL EFFECT:  None


          COMMENTS:  A putative spouse is a spouse of a void or voidable  
          marriage who believed in good faith that the marriage was valid.   
          This bill clarifies that a court may not declare a party to be a  
          putative spouse or divide property as though the parties were  
          legally married unless requested to do so by the innocent or  
          putative spouse.  In support of this bill, the author writes that  
          this bill "avoids the unfair result that a spouse who knew the  
          marriage was void (e.g., a party who was already married) would be  








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          able to benefit from his or her fraud, as at least one court has  
          interpreted the statute's current language."  


          Brief Explanation of Void or Voidable Marriages.  A marriage  
          between close relatives - parents and children, siblings, and  
          aunts or uncles and nieces or nephews - is void as matter of law,  
          as is a marriage to someone who is already married.  In addition,  
          certain marriages are voidable and can be nullified.  A marriage  
          is voidable if:


          1)One party could not consent to the marriage, was of unsound mind  
            or was not physically capable of "entering into the marriage  
            state";


          2)One party's previous spouse, who was thought to be dead, was  
            not; or


          3)Consent to the marriage was obtained by fraud or force.


          Void and voidable marriages are terminated when a court determines  
          them to be a nullity at which point the parties are returned to an  
          unmarried state.


          Putative Spouse Doctrine.  If a court determines that a marriage  
          is void or voidable and that either or both parties believed in  
          good faith that the marriage was valid, the court can declare  
          those parties putative parties and can divide the property as  
          though they had been married (dividing the "quasi-community  
          property" between the parties).  In addition, the court can order  
          spousal support paid to a putative spouse and can award attorney's  
          fees, if appropriate, to the spouse found "innocent of fraud or  
          wrongdoing" (essentially the putative spouse).  While the spousal  
          support and attorney's fees provisions specifically limit an award  
          to the innocent or putative spouse, the property division statute  
          does not specifically limit the choice to divide property as  
          though the parties were married to the putative spouse.








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          A California court of appeals summed up the policy reasons behind  
          the putative spouse doctrine.  Its reasoning also explains the  
          need for this bill:


               The putative spouse doctrine is "an equitable doctrine  
               first recognized by the judiciary, and later codified by  
               the Legislature."  In 1943, our Supreme Court stated  
               that "[i]t is well settled that a woman who lives with a  
               man as his wife in the belief that a valid marriage  
               exists, is entitled upon termination of their  
               relationship to share in the property acquired by them  
               during its existence."


               The doctrine, however, cannot be invoked unless the  
               putative spouse has a good faith belief in the existence  
               of a valid marriage...


               The purpose of the doctrine is to protect the "innocent"  
               party or parties of an invalid marriage from losing  
               community property rights... This conclusion is dictated  
               by simple justice, for where persons domiciled in such a  
               jurisdiction, believing themselves to be lawfully  
               married to each other, acquire property as the result of  
               their joint efforts, they have impliedly adopted... the  
               rule of an equal division of their acquisitions, and the  
               expectation of such a division should not be defeated in  
               the case of innocent persons."  (In re Marriage of Guo  
               and Sun (2010) 186 Cal. App. 4th 1491, 1496 (citations  
               omitted).)


          California Supreme Court Clarifies That Good Faith Standard is  
          Subjective.  In a recent case, a unanimous California Supreme  
          Court clarified that when making a determination as to a party's  
          good faith belief in the marriage, the court must consider a  
          subjective standard and not an objective standard.  In explaining  
          the subjective standard, the court held:








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               The good faith inquiry is a subjective one that focuses  
               on the actual state of mind of the alleged putative  
               spouse.  While there is no requirement that the claimed  
               belief be objectively reasonable, good faith is a  
               relative quality and depends on all the relevant  
               circumstances, including objective circumstances.  In  
               determining good faith, the trial court must consider  
               the totality of the circumstances, including the efforts  
               made to create a valid marriage, the alleged putative  
               spouse's personal background and experience, and all the  
               circumstances surrounding the marriage.  Although the  
               claimed belief need not pass a reasonable person test,  
               the reasonableness or unreasonableness of one's belief  
               in the face of objective circumstances pointing to a  
               marriage's invalidity is a factor properly considered as  
               part of the totality of the circumstances in determining  
               whether the belief was genuinely and honestly held.   
               (Ceja v. Rudolph & Sletten (2013) 56 Cal.4th 1113,  
               1128.)


          Analysis Prepared by:                                               
                          Leora Gershenzon / JUD. / (916) 319-2334  FN:  
          0001017