In California, a putative spouse is someone who enters into a marriage with a sincere belief that the marriage is valid and legally recognized, but in reality, the marriage is invalid due to some legal impediment. Putative spouses are individuals who genuinely believe they are married, often because they went through a marriage ceremony and met all the formal requirements, such as obtaining a marriage license, but later discover that their marriage is not legally valid.
Here’s a more detailed explanation of the concept of putative spouse in California:
- Belief of Valid Marriage: A putative spouse is someone who genuinely believes they are lawfully married to their spouse. This belief may be based on participating in a marriage ceremony, obtaining a marriage license, and holding themselves out as married in the community.
- Legal Impediment to Marriage: Despite the putative spouse’s sincere belief in the validity of the marriage, some legal impediment renders the marriage invalid. Common reasons for the invalidity of the marriage may include a prior existing marriage of one of the spouses, the absence of legal capacity to marry (e.g., due to age or mental incapacity), or a defect in the marriage ceremony or formal requirements.
- Rights and Protections for Putative Spouses: California law recognizes the rights of putative spouses and provides certain legal protections to them, particularly in the context of property rights and financial support upon the dissolution of the marriage.
- Property Rights: In California, putative spouses may be entitled to equitable distribution of property acquired during the marriage as if they were legally married. This means that they may have rights to community property and may be entitled to a fair division of assets and debts accumulated during the purported marriage.
- Financial Support: Putative spouses may also have rights to financial support, including spousal support or alimony, upon the dissolution of the marriage. This is based on the principle that the putative spouse may have foregone opportunities for financial independence or may have contributed to the household based on their belief in the validity of the marriage.
- Determining Putative Spouse Status: Whether someone qualifies as a putative spouse is determined based on their subjective belief in the validity of the marriage and the circumstances surrounding the marriage. Factors such as the good faith belief of the parties, their conduct, and their reliance on the purported marriage may be considered in determining putative spouse status.
Overall, the concept of putative spouse in California recognizes the rights of individuals who entered into a marriage in good faith but later discover that their marriage is not legally valid. Putative spouses may have legal rights and protections similar to those of legally recognized spouses, particularly in matters of property division and financial support.