CALIFORNIA FAMILY LAW
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Marital Status
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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.