CALIFORNIA FAMILY LAW
...Marital Status
......Putative Spouse
.........Property Division
4 Cards On This Topic:
  • Party who entered void or voidable marriage in good faith belief that marriage valid is putative spouse and has right to same property division as valid marriage.
  • The purpose of the innocent spouse doctrine is to protect the "innocent" party or parties of an invalid marriage from losing community property rights.
  • Party who seeks putative spouse status must have an objective good faith belief in the validity of the marriage; whether spouse has such a good faith belief is immaterial.
  • If either party is a putative spouse, quasi-marital property must be divided equally.