Today's Law As Amended


Add To My Favorites | print page

SB-254 Marriage: putative spouses.(2011-2012)



As Amends the Law Today


SECTION 1.

 Section 2251 of the Family Code is amended to read:

2251.
 (a) If a determination is made that a marriage is void or voidable and the court finds that either party or both parties believed in good faith that the marriage was valid, the court shall:
(1) Declare the party or parties, who believed in good faith that the marriage was valid,  parties  to have the status of a putative spouse.
(2) If the division of property is in issue, divide, in accordance with Division 7 (commencing with Section 2500), that property acquired during the union that which  would have been community property or quasi-community property if the union had not been void or voidable, only upon request of a party who is declared a putative spouse under paragraph (1).  voidable.  This property is known as “quasi-marital property.”
(b) If the court expressly reserves jurisdiction, it may make the property division at a time after the judgment.
(c) A court shall not make the orders or declarations authorized in subdivision (a) unless the party or parties that believed in good faith that the marriage was valid requests the court to do so.