Bill Text: CA AB380 | 2015-2016 | Regular Session | Chaptered
Bill Title: Marriage: putative spouses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2015-08-13 - Chaptered by Secretary of State - Chapter 196, Statutes of 2015. [AB380 Detail]
Download: California-2015-AB380-Chaptered.html
BILL NUMBER: AB 380 CHAPTERED BILL TEXT CHAPTER 196 FILED WITH SECRETARY OF STATE AUGUST 13, 2015 APPROVED BY GOVERNOR AUGUST 13, 2015 PASSED THE SENATE JULY 6, 2015 PASSED THE ASSEMBLY JULY 9, 2015 AMENDED IN SENATE MAY 14, 2015 INTRODUCED BY Assembly Member Waldron FEBRUARY 18, 2015 An act to amend Section 2251 of the Family Code, relating to marriage. LEGISLATIVE COUNSEL'S DIGEST AB 380, Waldron. 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 a putative spouse and to divide the quasi-marital property that would have been community property or quasi-community property if the marriage was valid as if it were community property. This bill would instead require the court, only upon request of a party who is declared a putative spouse, to divide the quasi-marital property that would have been community property or quasi-community property if the marriage was valid as if it were community property. 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, 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.