MBE Rules · Community Property
Putative Spouse Doctrine
Cal. Fam. Code § 2251
The rule
A putative spouse — a party who has entered into a marriage in good-faith belief in its validity — is entitled to treatment of acquired property as quasi-marital property, divided as though it were community property, notwithstanding the marriage's technical invalidity.
In plain English
The Putative Spouse Doctrine protects individuals who mistakenly believe they are in a valid marriage. If a person enters into a marriage in good faith, they can still claim rights to property acquired during that time as if it were community property, even if the marriage is later deemed invalid.
Worked example
Jane and John believed they were legally married for five years, but it turns out John's previous marriage was never dissolved. Despite the invalidity of their marriage, Jane can claim half of the property they acquired together during those five years as quasi-marital property.
Memory hook
Good faith makes you a putative spouse, even if the marriage is a sham!
The trap
Exams may present scenarios where the validity of the marriage is ambiguous, leading students to overlook the good faith aspect of the doctrine. Students might also confuse putative spouse rights with those of legitimate spouses.
How examiners test it
Questions often involve fact patterns where a marriage's validity is questioned, prompting students to analyze the implications of the Putative Spouse Doctrine on property division.
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More Community Property rules
- Interspousal Fiduciary Duty · Cal. Fam. Code § 721; § 1100(e)
- Management and Control of CP · Cal. Fam. Code § 1100(a)-(d)
- Equal Division at Dissolution · Cal. Fam. Code § 2550
- Business Goodwill · Marriage of Foster (goodwill)
- Severance Pay · Severance pay (Cal.)
- Credit Acquisitions · Marriage of Grinius (lender intent)