Code Section

Family Code - FAM

DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452]

  ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. )
  

PART 2. JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE [2200 - 2255]

  ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )
  

CHAPTER 3. Procedural Provisions [2250 - 2255]
  ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

  
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, 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 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). 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.

(Amended by Stats. 2015, Ch. 196, Sec. 1. (AB 380) Effective January 1, 2016.)