CALIFORNIA FAMILY LAW
...Death of a Spouse
......Effect on Nullity Proceedings
7 Cards On This Topic:
  • Cause of action for or against person not lost by his or her death.
  • Cause of action that survives death of person entitled to commence action passes to decedent's personal representative or successor in interest.
  • SOL where consent obtained by fraud.
  • Richard Pryor's daughter lacked standing to attempt to annul his marriage on ground of fraud; FC 2211 is controlling rather than CCP 377.20 in post-death nullity filing.
  • As H's cause of action for nullity of marriage survives his death, public administrator may properly substitute in as petitioner in nullity action.
  • Fundamental difference between effect of death of spouse in dissolution action versus nullity.
  • Parent cannot annul marriage after minor child's death; marriage already terminated as a matter of law.