Bill Text: CA SB254 | 2011-2012 | Regular Session | Introduced

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Bill Title: Marriage: putative spouses.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB254 Detail]

Download: California-2011-SB254-Introduced.html

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BILL NUMBER: SB 254	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Harman

                        FEBRUARY 10, 2011

   An act to amend Section 2251 of the Family Code, relating to
marriage.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 254, as introduced, Harman. Marriage: putative spouses.
   Existing law specifies the circumstances under which a marriage is
void or voidable. Existing law requires a court, if a determination
is made that a marriage is void or voidable and either party believed
in good faith that the marriage was valid, to declare the party or
parties to have the status of putative spouse and to divide the
property that would have been community property if the marriage was
valid as if it were community property.
   This bill would prohibit the court from making these declarations
or orders unless the party or parties that believed in good faith
that the marriage was valid request the court to do so.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  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 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 which would have been community property or
quasi-community property if the union had not been void or voidable.
This property is known as "quasi-marital  property".
  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.